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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. (Conclusion of the instant sales contract) On October 27, 2014, the Plaintiffs concluded a sales contract with the Defendant to purchase KRW 700,000,000 of the purchase price of KRW 3272 square meters in Busan-gun, Busan-gun (hereinafter “instant land”). However, the Plaintiffs concluded a sales contract with the Defendant to pay the payment on the date of the contract and the remainder on December 30, 2014.
According to the instant sales contract, unless there is a separate agreement on damages due to nonperformance by the parties, the down payment shall be deemed as the basis for compensation for damages.
B. (Payment of down payment by the Plaintiff) The Plaintiffs paid KRW 15,000,000 to the Defendant on the date of conclusion of the instant sales contract.
C. (Notification of Rescission by the Defendant’s First Declaration of Contents) The Plaintiffs did not pay any balance by the due date of the remainder payment. On January 9, 2015, the Defendant urged the Plaintiffs to pay the balance by January 23, 2015, and issued a content certification that “if the Plaintiffs fail to perform this, cancel the instant sales contract and confiscate the down payment” (hereinafter “the first content certification”).
(A) On June 11, 2015, the provisional attachment registration of this case was completed on the land in this case by the Defendant’s creditor E at KRW 388,017,535 (hereinafter “the provisional attachment registration of this case”).
E. (Notice of Rescission by the Defendant through the Second Declaration of Contents) On July 6, 2015, the Defendant paid the remainder to the Plaintiffs on a prompt date as soon as possible when the documents necessary for the registration of the transfer of the instant land were prepared, and if the remainder is not paid by July 17, 2015, the Defendant “in the event that the instant sales contract is revoked and the down payment is confiscated,” the Defendant’s second proof of content.
(B) repeatedly sent A. [Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 12, Eul evidence Nos. 2, 3, 4, and 7 (if .........)
2. The Parties’ assertion.