(영문) 수원지방법원성남지원 2015.03.31 2013가합9891

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(영문) 수원지방법원성남지원 2015.03.31 2013가합9891

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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 March 4, 2013, the Plaintiff entered into a sales contract with the Defendants to purchase real estate (hereinafter “instant real estate”) indicated in the separate sheet (hereinafter “instant sales contract”) on the purchase price of 2.5 billion won, as indicated in the separate sheet (hereinafter “instant real estate”). On the same day, the Plaintiff paid the Defendants the down payment of KRW 50 million.

B. The Plaintiff and the Defendants determined on April 4, 2013 the remainder of the sales contract of this case as KRW 2.45 billion, in lieu of the Plaintiff’s acquisition of the secured debt of the quasi-mortgage as set up by Defendant B to the National Bank Co., Ltd. for the instant real estate, and the payment date of the remainder 450 million won was set on April 4, 2013.

C. The Plaintiff failed to perform the obligation to pay the remainder by the said payment date, and the Defendants extended the remainder payment date on four occasions on April 10, 2013, April 12, 2013, April 12, 2013, April 26, 2013, and May 16, 2013, but the Plaintiff failed to perform the obligation to pay the remainder even until May 16, 2013, which is the date of the final postponement of payment.

On July 1, 2013, the Defendants notified the Plaintiff that the instant sales contract was rescinded as of May 17, 2013 on the grounds that the Plaintiff did not pay any balance by content-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2, Eul evidence 2-3, Eul evidence 6-3, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff sought to pay KRW 215 million out of the remainder on May 16, 2013, but the Defendants were to pay the full amount of KRW 450 million up to May 23, 2013. The Plaintiff sought to pay KRW 450 million on May 22, 2013, but the Defendants refused to accept the instant sales contract on the ground that the sales contract was rescinded, and agreed to return the down payment amount of KRW 50 million to the Plaintiff.

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