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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 January 4, 2008, the Plaintiff (formerly changed: H) concluded the following sales contract with the Defendants for the purpose of creating housing sites (hereinafter “instant sales contract”).
① The Plaintiff purchased 26013/59196/596/59196 shares held by Defendant C and D, among Defendant C and D’s land, KRW 200,000,000,000, and paid the said Defendants the down payment.
② The Plaintiff purchased K land from Defendant B in KRW 2,360,000,000, and paid the said Defendant the down payment of KRW 300,000,000.
③ The Plaintiff purchased L, M, N,O, P, Q, R, S, T, and U land in KRW 2,418,640,00 from Defendant C, B, E, F, and G, and paid the said Defendants KRW 288,00,000 as down payment.
Defendant B holds shares of 78/286, Defendant C, E, F, and G in each of the above real estate.
B. On the same day, the Plaintiff purchased V, W land from Defendant B, C, E, F, and G in KRW 1,620,00,000, and paid KRW 162,00,000 as down payment to the said Defendants. The Plaintiff’s representative director purchased Y, Z, AA, AB, AC, AD, AE, AF, AF, AG, and AH land from Defendant E in KRW 430,360,00 and paid KRW 50,00,00 as down payment.
(hereinafter referred to as “a separate sales contract”) ..0
Article 7 of the sales contract of this case provides, “(1) In the event of default on the obligation under this contract by a seller or a buyer, the other party may demand in writing the person who has defaulted and rescind the contract.” (2) In the event of cancellation of the contract pursuant to paragraph (1), unless otherwise agreed, the buyer shall be confiscated the down payment and the seller shall compensate for the double of the down payment if the contract is breaching, and the remainder payment of the sales contract of this case shall be July 3, 2008.”
The plaintiff and X are the defendants with the remainder payment period expired.