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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On May 28, 2014, E, represented by the Defendants, sold the sales price of KRW 1,096,90,900,000 for a F cemetery 496 square meters and G forest 9,863 square meters (hereinafter collectively referred to as “instant land”) to “A, et al., one,000,000,000 for the purchase price, and the down payment of KRW 110,000,000 for the said contract date, was paid separately from the down payment, and the remainder of KRW 986,90,00 was paid on November 20, 2014. However, a sales contract was formulated with the Defendants’ agreement to receive any balance after digging a cemetery on the instant land.
(hereinafter “instant sales contract”). B.
The buyer of the sales contract of this case includes the name and resident registration number of the Plaintiff A, and the Plaintiff’s seal is affixed on the side of the entry “A and one other”. A copy of the Plaintiff’s resident registration certificate is attached thereto.
On May 28, 2014, 6-7 members, including H, I, and J, who were E and real estate development business entities, were present at the conclusion of the instant sales contract, but Plaintiff A did not attend the contract.
C. On May 28, 2014, KRW 110,00,00 was deposited in Defendant D’s account under the name of Defendant D, and on the same day, KRW 85,00,000 was deposited in Defendant C’s account under the name of Defendant C, and the payment of down payment, design cost, authorization cost, etc. under the instant sales contract was completed.
E on November 27, 2014, the Plaintiff sent to H, I, and the Plaintiff a certificate of the content that “The Defendant moved to the entire cemetery located on the instant land on or around October 26, 2014, and the remainder payment date stipulated in the instant sales contract is November 20, 2014, and H, I, and Plaintiff A did not pay any balance under the instant sales contract. As such, if the said balance is not paid by December 5, 2014, the instant sales contract shall be deemed revoked, and the down payment of KRW 110,00,000 shall be treated as attributable to the Defendants as penalty.”
E in the above content certification.