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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2.Subject to the preliminary counterclaim brought at the trial.
Reasons
1. Basic facts
A. On October 17, 2008, the Plaintiffs sold each real estate (hereinafter “each of the instant real estate”) listed in the separate sheet to the Defendant for KRW 3.5 billion. Of down to KRW 200 million, the Plaintiffs paid KRW 30 million on the date of the contract, and the remaining KRW 170 million on the date of the contract, respectively, within 60 days after the contract was concluded, and entered into a sales contract with the content that the remaining KRW 3.3 billion should be paid within 30 days after the business license within the scope of not exceeding two years from the date of the contract.
B. According to the instant sales contract, the Defendant paid 200 million won down payment to the Plaintiffs. However, on January 25, 2011, the Defendant agreed to additionally pay KRW 200 million in total as of January 5, 2011, on the grounds of interest on the remainder payment, by modifying the content of the instant sales contract between the Plaintiffs and the end of November 201, while failing to pay the remainder after two years have elapsed from the date of conclusion of the instant sales contract.
C. However, the Defendant paid a total of KRW 100,000,000 on January 26, 201, 201, KRW 11,000,000,000 on February 11, 2011, and KRW 100,000 on April 25, 201, and did not pay any balance of KRW 3.3 billion by the end of November 201.
Accordingly, on July 17, 2013, the Plaintiffs deposited all documents necessary for the procedures for the registration of ownership transfer of each of the instant real estate in return for the payment of the remainder KRW 3.3 billion and interest of KRW 100 million in return for any remainder of KRW 3.4 billion with the District Court Decision 2013 water No. 7.
E. On July 23, 2013, the Plaintiffs notified the Defendant of the payment of the above KRW 3.4 billion by content-certified mail, and notified the Defendant that the instant sales contract was automatically rescinded, and the said content-certified mail reached the Defendant at that time, but the Defendant did not pay the remainder.