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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. 1) The Defendant entered into the instant sales contract on June 9, 2006, the Seocho-gu Seoul Metropolitan Government D-282 square meters (hereinafter “the instant land”).
(ii)one story underground floor and three above ground-based housing and neighborhood living facilities buildings (hereinafter referred to as the “instant building”) of mentmen, brick, brick, sloping roof and the ground-based buildings;
A) The registration of ownership transfer for the instant building was completed. On August 16, 1978, the said building was converted into an aggregate building on August 8, 2007, and the ground 1 and 2 floors among the said buildings have been used as a commercial building (the state of factory room). 2) On March 24, 2016, the Plaintiffs concluded a sales contract with the Defendant to purchase the instant land and buildings between husband and wife (hereinafter the instant sales contract), and its main contents are as follows.
The purchase price shall be KRW 3,870,000,000.
387,000,000 won for the remainder of 3,483,00,000 won without contract date and intermediate payment shall be paid respectively on April 28, 2016.
Article 2: The seller shall receive any balance of the purchase price and at the same time deliver all the documents necessary for the registration of transfer of ownership to the buyer and cooperate in the registration procedure.
Article 6:Where the seller or the purchaser has failed to perform the terms and conditions of this contract, the other party may notify the other party in writing and cancel the contract.
The parties to the contract may claim the other party for damages arising from the cancellation of contract, and the contract deposit shall be deemed to be the basis for damages, unless otherwise agreed.
The special agreement is a current facility condition, and the contract is concluded after confirming the absence of defects as a result of the analysis of the certified copy of the register. The third Plaintiffs, who succeed to the seller’s lease business, were the comprehensive transfer and takeover contract. The third Plaintiffs paid KRW 70,000,000 on March 24, 2016 to the Defendant, and KRW 267,000,000 on March 25, 2016 to the Defendant, and KRW 50,000,000 on March 25, 2016 to the Defendant’s husband, respectively, and paid KRW 387,000,000 to the Defendant’s husband.
B. The plaintiffs expressed their intent to rescind the instant sales contract.