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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. On March 24, 2014, the Plaintiffs entered into a supply contract with the Defendant (hereinafter “instant sales contract”) with a total of KRW 756,801,00 for E, F-G units, and H units of the building (hereinafter “instant hotel building”) that is to be newly constructed (hereinafter “instant hotel building”) and paid KRW 75,680,100 in total as down payment.
Some of the contracts for the sale of this case are as follows.
Article 3 (Cancellation of Contracts) (2) B (Buyer) may cancel this contract by himself/herself due to his/her own circumstances.
Provided, That even once an intermediate payment is paid, or after the seller (seller) commences the performance of the contract, this contract may be rescinded only where A recognizes.
Article 5 (B) (6) A shall repay a loan or convert a loan into a secured loan prior to the occupancy, and where a loan is intended to be converted into a secured loan, it may be occupied after submitting documents and all expenses necessary for the transfer of ownership and the creation of a security right to the lending bank and submitting it in full.
(7) Where a financial institution adjusts the lending limit due to changes in relevant Acts and subordinate statutes, Eul shall not raise any objection to Gap.
The Plaintiffs received loans from the I Savings Bank at an annual interest rate of 7% in an intermediate payment of KRW 454,080,60,000 from the intermediate payment of KRW 60% of the sales price of this case, and paid the Defendant the interest on the loans. The Defendant paid the interest on the loans under the instant sales contract
The defendant arranged to sell the outstanding loan to the buyer as a bank dealing with the outstanding loan, but the plaintiffs failed to obtain a loan from the above bank, etc.
In order to cancel the instant sales contract on October 28, 2015, the Plaintiffs and the Defendant agreed that KRW 75,680,100 that the Plaintiffs paid to the Defendant shall revert to the Defendant, and that the Defendant shall pay KRW 32,90,000 to the Defendant (hereinafter “instant agreement”).