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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. 1) The Plaintiff is a housing construction project operator (hereinafter “instant project”) in accordance with the Housing Act and the Enforcement Decree thereof with the project implementation district of the Daegu Suwon-gu Do as the project implementation district of the 33,016 square meters.
(2) The Defendants shared 1/2 shares of each of the instant land, 185 square meters and 1185.41 square meters and 1185.41 square meters (hereinafter “instant land”) within the instant project implementation district.
B. On January 5, 2015, the Plaintiff and the Defendants concluded a sales contract with a total amount of 18 billion won, by paying the down payment of KRW 1.8 billion on January 8, 2015 and the intermediate payment of KRW 7.2 billion and the remainder of KRW 9 billion until June 18, 2015, respectively (hereinafter “the instant first sales contract”).
(2) The Plaintiff paid the Defendants KRW 1.8 billion each on January 8, 2015.
C. On April 17, 2015, the Plaintiff and the Defendants agreed to change the payment date of KRW 16.2 billion for each of the remainder of the first sale contract of this case to June 30, 2015, and if not paid, the contract deposit is automatically terminated without any separate notice, and the contract deposit is deemed to be reverted to the seller. 2) On June 30, 2015, the Plaintiff paid 8.1 billion won to the Defendants.
3) On November 27, 2015, December 17, 2015, and February 2, 2016, the Plaintiff and the Defendants extended the maturity of KRW 8.1 billion for each remainder of 8.1 billion, and agreed to pay interest for delay calculated at 12% per annum (hereinafter “instant agreement”).
On February 18, 2016, the maturity date is changed to March 10, 2016, but KRW 31,6210,678,000,000, excluding interest of KRW 1,310,000,000 paid earlier, shall be paid until March 10, 2016; where the remainder is not paid, the down payment and the overdue interest paid shall be reverted to the Defendants; the intermediate payment shall be returned to the Plaintiff; and the contract shall be rescinded.