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1. The Plaintiff, Defendant B, and Defendant C and D, respectively, KRW 53,625,627, and each of them from December 5, 2018.
Reasons
1. Basic facts
A. Defendant B is the owner of 328 square meters prior to E in racing (hereinafter “the instant land”). Defendant C and D are 310 square meters prior to F in racing-si (hereinafter “instant land”). Defendant C and D are 1/2 equity right holders of the instant land when they are collectively named with the instant land.
B. On November 25, 2018, the Plaintiff entered into a contract with Defendant B representing Defendant C and D to purchase the instant land at KRW 470,730,000 (hereinafter “instant sales contract”).
The Defendants received KRW 47,00,000 from the Plaintiff, the down payment of KRW 47,000 on November 26, 2018, and the intermediate payment of KRW 173,730,000 on December 5, 2018.
C. The Defendants failed to perform their duty to transfer the ownership of the instant real estate on December 31, 2018, which was the remainder payment date.
On the other hand, on December 27, 2018, the Plaintiff borrowed KRW 370,00,000 from the G Union’s monthly branch for the payment of the remainder under the instant sales contract. Defendant B drafted an agreement with the Defendants that the Defendants bear interest of KRW 300,000,000 that the Plaintiff borrowed to the Plaintiff for the payment of the remainder.
On March 22, 2019, the Plaintiff sent to Defendant B a certificate of content that “Notwithstanding the extension of the remaining pay date to December 31, 2018, January 15, 2019, January 2019, and February 20, 2019, and March 12, 2019, the Defendants breached their contractual obligations, and thus, the instant sales contract is rescinded.” The said certificate reached Defendant B on March 25, 2019.
2. Part of the claim against the defendant B
A. Right to claim a refund following the cancellation of the instant sales contract
(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);
3. The part of the claim against the defendant C and D
A. According to the facts above, the Plaintiff did not perform the obligation of ownership transfer registration even though it provided the Defendants with the payment of the remainder on December 31, 2018, which is the remainder payment date.