beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each of the descriptions of Gap evidence 1-3, Gap evidence 1-2, Gap evidence 4-5, Eul evidence 2, Eul evidence 3-1-4.
The Plaintiff is a manufacturer that produces, processes, and supplies industrial roctains, pen presses, clean studs equipment, etc., and is a company that sells 232 and 233 of the 2nd underground floor 1656-1 of the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant real estate”). The Defendant Digital Real Estate Trust Co., Ltd. (hereinafter “Defendant New Real Estate Trust”) is a seller, and the Defendant Lee Young-chul S&C Co., Ltd. (hereinafter “Defendant Company”) is a management-type land trust company to Defendant New Trust.
B. On September 30, 2015, the Plaintiff concluded a sales contract between the Defendants and the Defendants to sell the instant real estate in total at KRW 1,164,978,00 (232,97,976,000,000 (232,000,000) (hereinafter “instant sales contract”) and its main contents are as follows.
Article 1 (Sales Price) The plaintiff shall pay the sale price to the defendant's living trust on the designated date as follows:
Down payment: 10% of the parcelling-out price: 10% of the parcelling-out price; and the balance paid on December 20, 2015: The remainder of the parcelling-out price; and Article 5 (Cancellation and Termination of Contracts) (1) In cases where the Plaintiff violated the matters provided for in this Agreement or committed any of the following acts, the Defendants may cancel or terminate this Agreement:
3. Where the intermediate payment and the remainder are not paid for more than two months from the date on which the Defendants were designated. (2) In the event of rescission or termination of a contract pursuant to this Article, the Plaintiff is liable to pay an amount equivalent to 10% of the sales amount
(3) The Defendants are the Plaintiff’s penalty under this Article.