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1. The part of the judgment of the court of first instance against the Defendants regarding the primary claim shall be revoked.
2. The above-mentioned part shall be applicable.
Reasons
1. Basic facts
A. On July 21, 2017, the Plaintiffs paid the provisional contract deposit 1) between the Defendants and the Defendants, and between the Defendants, the Plaintiff’s Busan Shipping Daegu E Apartment-dong G (hereinafter “instant real estate”) holding 1/2 shares each of the Defendants.
(2) On the same day, Plaintiff B transferred KRW 20 million to Defendant C’s account as a provisional contract deposit. Then, Plaintiff B paid KRW 50 million in total by additionally remitting KRW 20 million to Defendant C’s account under the pretext of a provisional contract deposit.
B. On August 28, 2017, the Plaintiffs agreed to purchase the instant real estate at KRW 1170 million with the Defendants on August 28, 2017, and the amount of KRW 50 million is already paid. The intermediate payment of KRW 250 million is paid in August 28, 2017, and the remainder of KRW 870 million shall be paid in September 20, 2017, respectively. The Defendants, as special terms, are to enter into a sales contract (the main contents are as follows) with the effect that the registration of entry into a provisional attachment, and the cancellation of the registration of establishment of a mortgage, which was completed with respect to the instant real estate, shall be made at the end of September 20, 2017.
hereinafter referred to as “instant contract” is called as “instant contract.”
The plaintiffs have drawn up. On the same day, with respect to the sale of the apartment in Article 1 as part payments to the Defendants on the same day, the buyers are to pay the purchase price as follows. The purchase price is KRW 170,000,000 (Won 1,170,000,000) KRW 50,000 (Won 50,000,000) KRW 50,000 (Won 50,000) shall be paid and received at the time of the contract. The receiver’s payment of KRW 250,000 (Won 250,000,000) for the part payment of KRW 10,000 (Won 870,000,000) shall be paid in August 20, 2017, the seller shall receive the balance of the purchase price from the buyer, at the same time deliver all necessary documents for the registration of ownership transfer to the buyer, and the seller shall cooperate in delivery of the above apartment.