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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 July 9, 2004, E purchased KRW 3.729 billion from the Defendants to the Defendants, on the date of the contract, and the first intermediate payment of KRW 70 million from September 9, 2004, KRW 8,220 square meters of F forest land in Do Government-si (hereinafter “instant forest land”). On September 4, 2015, E divided into KRW 6874 square meters in Do Government-si, and KRW 1346 square meters in G forest, and paid KRW 3.5 billion in down payment on September 9, 2004; KRW 70 million in 20 million in 20 million in 20 million in 20 million in 200,0000 in 3.5 billion in 200,000 won in 200,000 won in 3.5 billion in 20,000 won in 20,000 won in 203.
B. However, on April 26, 2004, as to the portion of 1/4 donated by Defendant B from H among the forest land of this case, the Government District Court’s registry office of the Jung-gu District Court was the receipt of No. 49420 on May 11, 2004 (hereinafter “instant advance notice registration”) for the cancellation of share ownership transfer registration (hereinafter “instant advance notice registration”) was completed on the ground that Defendant B filed a lawsuit by 204Gahap257 with the District Court on April 26, 2004.
C. E did not pay KRW 700 million for the first intermediate payment by September 9, 2004 agreed upon under the instant sales contract. Accordingly, on September 24, 2004, the Defendants sent to E content-certified mail stating the cancellation of the instant sales contract and the forfeiture of the down payment on the grounds that the first intermediate payment was not paid.
E accepted the above content-certified mail on October 1, 2004, asserting that the Defendants registered the instant advance notice with respect to the portion of 1/4 out of the forest land of this case, and that the Defendants did not cooperate with the graveyard of this case and did not pay the first intermediate payment. On October 11, 2004, notified the Defendants that they would cancel the instant sales contract if they did not resolve the above problems by October 11, 2004.
E. The Defendants urged E to pay the intermediate payment on October 20, 2004, and cancel the instant contract and confiscate the down payment at the time of the unpaid payment.