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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. Fact-finding;
A. On June 12, 2014, D entered into a sales contract with the Plaintiff (Seoul, the Plaintiff’s representative for the Plaintiff) on each real estate listed in the separate sheet (hereinafter “instant real estate”) for the purchase price of KRW 2.1 billion (1.7 billion in the purchase price or actual purchase price stated in the contract, and KRW 1.6 billion in the amount, whichever is the obligation secured by the said real estate, shall be acquired and paid to the seller the remainder of KRW 100 million), and the down payment shall be KRW 10 million in the sales contract (hereinafter “the first sales contract”). The following agreements were concluded.
Next, the following: (2) the term “special agreement” in paragraph (1) was signed and sealed by the F besides D and E.
① From the instant real estate, “GMour” is transferred to the buyer all the operational rights by the remainder payment date of the sales contract ( May 31, 2014).
(2) The buyer shall pay 100 million won out of the purchase price to D and H (the amount of penalty D, the amount of which is KRW 250 million for F) until the remainder payment date, respectively, and the F shall approve the payment.
③ Of KRW 200,00,000, KRW 100,000 is that the buyer pays to D any balance, and the remainder KRW 100,00 (the amount paid to H, a creditor of F) is that the buyer lends to F.
B. However, on August 4, 2014, E sent a final notification stating that the seller would cancel the sales contract and claim the amount of KRW 60,000,000,000,000 for the down payment, on the grounds that the seller’s failure to implement the agreed terms of the first sale contract, and thereafter, the Plaintiff filed a lawsuit against D on October 7, 2014, claiming the return of the down payment, etc. under Suwon District Court Sung-nam Branch Branch Branch 2014Kadan31911, and filed a lawsuit against D on December 16, 2014, “D shall pay to the Plaintiff the amount of KRW 60,000 and its amount calculated at the rate of KRW 20% per annum from October 18, 2014 to the date of full payment (hereinafter “instant judgment”), and around that time, the said judgment was rendered a favorable judgment.