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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 3, 2015, the Defendants jointly purchased 30 households, including 101-104, 201-204, 301-304, 401-404, 501-504, and 10 households (103, 104, 203, 204, 303, 304, 303, 403, 403, 404, 503, and 504) from the State of Yeonsu-gu Incheon, Yeonsu-gu, Incheon (hereinafter “instant real estate”), and completed the registration of ownership transfer on April 23, 2015.
The Defendants collected KRW 1.8 billion out of the above purchase price and paid it by borrowing from the general account branch of the Savings Bank (hereinafter “Mono Savings Bank”). The Defendants collected savings banks to secure the above loan obligations against the Savings Bank and completed the registration of ownership transfer for the instant real estate due to trust in the future of the International Asset Trust Co., Ltd. after the registration of ownership transfer, by designating the Savings Bank as the priority beneficiary.
B. On April 30, 2015, the Plaintiff concluded a sales contract with the Defendants to purchase the instant real estate at KRW 2,550,000,000 (contract deposit KRW 250,000,000) (in the event of a contract, intermediate payment KRW 1,800,000,000,000, in lieu of the Defendants’ collection to succeed to the same amount of loans to the Savings Bank, the remainder of KRW 50,000,000 shall be paid on May 15, 2015; however, the Plaintiff paid KRW 1,204,230,000 to the Defendants on the same day, and paid KRW 250,00 on the same day to the Defendants.
C. Around May 18, 2015, the Defendants sent a content-certified mail to the effect that the instant sales contract would be rescinded if the Plaintiff failed to perform the said contract by May 26, 2015, while demanding the Plaintiff to pay the intermediate payment and the remainder of the apartment building 1, 204, and 2, 303 as a director. On May 18, 2015, the Defendants sent a content-certified mail to the effect that the instant sales contract would be rescinded on the grounds that the Plaintiff failed to perform the obligation to pay the intermediate payment and the remainder.
For this reason,