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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 16, 2017, the Defendants entered into a sales contract (hereinafter “instant sales contract”) with an amount of 24/56 shares (the shares owned by Defendant B, shares of 12/56 shares, shares of 6/56 shares owned by Defendant D, and shares of 6/56 shares owned by Defendant C; hereinafter “instant shares”) in the purchase price of KRW 450,000 (the outstanding amount of KRW 45,00,000 shall be KRW 405,00,000 (the outstanding amount of KRW 405,00,000,000 for each payment of each payment on January 31, 2018) to the Plaintiff, and agreed that the terms and conditions of payment under a special agreement shall correspond to the terms and conditions of payment under the said sales contract, which are attached to the said sales contract, as follows.
Amount: Amount: 450,000,000 won under payment terms: 1) Cash: 100,000,000 won in kind: 3) Transfer income tax (2,722m2m2) (other than transfer income tax, Defendant C separate burden
B. On December 17, 2017, the Plaintiff paid the Defendants KRW 15,00,000,000, and KRW 30,000,000 on December 18, 2017, and KRW 55,00,00,00 on January 29, 2018, respectively.
C. At the time of the instant sales contract, the F2,722 square meters (hereinafter “F land”) was not owned by the Plaintiff, but owned G. G sold F land to H on December 26, 2017 and completed the registration of ownership transfer on December 29, 2017.
On February 22, 2018, the Defendants deposited KRW 55,00,000 on the ground that, pursuant to Article 487 of the Civil Act, the Defendants deposited KRW 55,00,00,00 as the deposit account that the said sales contract was rescinded due to the Plaintiff’s cause attributable to the Plaintiff, the down payment was confiscated and the remaining sales amount was refunded.
E. The Plaintiff transferred KRW 350,000,00 to the Defendant C’s account, which was agreed on March 5, 2018, to the payment account of the purchase price. The Defendants, as Jeju District Court No. 2013, March 7, 2018, pursuant to Article 487 of the Civil Act, the Plaintiff was deposited as the principal, and the instant sales contract was already rescinded.