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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On October 17, 2014, the Plaintiff and the Defendants entered into a real estate sales contract (hereinafter “instant contract”) with the following content: (a) selling the Seocho-gu Seoul Metropolitan Government D apartment 4 Dong 1103 (hereinafter “instant apartment”) owned by the Plaintiff to the Defendants:
The sales amount of KRW 660,000,000 down payment of KRW 30,000 shall be paid at the time of the contract, and the intermediate payment of KRW 441,00,000 shall be paid on October 31, 2014, and the balance of KRW 189,00,000 shall be paid on January 20, 2015.
Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedures, and the delivery date of the said real estate shall be January 20, 20
[Matters of Special Agreement]
1. Sales contract in a present state and no defect in the certified copy of the register;
2. On October 31, 2014, a seller of an intermediate payment date shall terminate the registration of relocation.
3. The remainder of KRW 189 million is a condition that the seller shall make a deposit-day installment of KRW 39 million on December 31, 2014 and the remainder of the deposit amount of KRW 150 million on January 20, 2015, as the lessee becomes the lessee of the Plaintiff, be refunded to the Plaintiff on December 31, 2014; and that the full refund of KRW 100 million on January 20, 2015.
4. Management expenses and public charges incurred after November 1, 2014 shall be borne by the purchaser.
5. The balance date may be advanced by both parties’ agreement.
6. E-real estate shall be represented by an agency contract.
7. The lease contract is a condition under which the intermediate payment date is made and the full amount of the deposit is refunded on January 20, 2015 and ordered.
B. Under the instant contract, the Plaintiff received KRW 30,000,000 as the down payment on the day of the contract from the Defendants, and KRW 441,00,000 as the intermediate payment on October 31, 2014. On October 31, 2014, the Plaintiff completed the registration of ownership transfer on the instant apartment on October 31, 2014, from the Defendants.
C. On December 4, 2014, the Defendants paid KRW 184,267,220 to the Plaintiff the remainder under the instant contract on the ground that there was a defect in the instant apartment.
[Reasons for Recognition] There is no dispute;