beta
Text
The judgment of the first instance shall be revoked.
H. The plaintiffs and defendant D, the litigant's litigant's litigant's litigant's litigant's litigant's litigant's litigant's lawsuit.
Reasons
1. Facts of recognition;
A. In the case where the Defendants (hereinafter “Defendants”) are indicated as “Defendants”, the attached list is set forth in the Defendant Network C and Defendant D before the lawsuit is taken place.
1. On November 9, 2017, the Seoul Central District Court completed the registration of transfer of ownership of each share (No. 214338) with respect to one-half share of the registered real estate.
B. The defendants are listed in the separate sheet
2. On May 31, 2018, the Seoul Central District Court completed each registration of initial ownership on each one-half portion of the registered real estate under No. 102428 received on May 31, 2018.
(hereinafter referred to as “instant real estate” in all the lands and buildings described in paragraphs (b).
Defendant C entered into an exclusive brokerage agreement with G operating J on May 26, 2018, requesting brokerage of selling the instant real estate amounting to KRW 2 billion in the purchase price, prior to registration of preservation of ownership of the building stated in B.D.
On June 14, 2018, the Defendants concluded a sales contract with the Plaintiffs on June 14, 2018, setting the sales price of the instant real estate as KRW 2 billion and August 31, 2018 on the date of delivery of real estate (hereinafter “instant sales contract”).
Article 6 of the sales contract of this case provides that "a party to a contract of this case may claim damages for the cancellation of a contract to the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed."
E. As to the performance of the instant sales contract, the Plaintiffs, the buyer, paid KRW 10 million to the Defendants, the seller, as well as KRW 30,000,00,000 on June 14, 2018, KRW 20,000 on June 18, 2018.
F. On October 4, 2018, the Defendants concluded a sales contract of KRW 1.82 million with respect to the instant real estate between E and F, and completed the registration of ownership transfer with respect to the instant real estate to E and F on October 15, 2018.
G. Defendant C died on February 22, 2020 while the instant lawsuit was pending, and his heir is the Defendant D (Inheritance 3/7) who is the wife.