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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. In the event that the buyer delivers money or goods to the seller as the down payment or deposit money at the time of the contract, unless otherwise agreed, the seller is in the status of a distribution of the down payment, and the buyer may waive the down payment and rescind it.
At the same time as the remainder of special agreement is paid, all documents concerning the registration of transfer of ownership, certificates of personal seal impression for sale, certificates of rights, certificates of resident registration, copies of passbooks, copies of resident registration certificates, and delegations to certified judicial scriveners shall be exchanged with
(3) On January 12, 2015, the Plaintiffs concluded a sales contract (hereinafter “instant sales contract”) with the following content that: (a) the Defendant and the Defendant share in real estate (hereinafter “instant real estate”; and (b) the Defendant’s share in real estate (hereinafter “instant real estate share”); and (c) the Defendant’s share in the instant real estate share was purchased at KRW 175,00,000; and (d) the down payment of KRW 15,000,000 on the date of the contract; and (e) the remainder of KRW 160,00,000 on January 19, 2015:
Meanwhile, under the sales contract of this case, the buyer is indicated as “Plaintiff A and one other,” and the Plaintiff A is the wife of Plaintiff B.
B. The Plaintiffs paid 15,000,000 won to the Defendant on the same day.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings
2. The parties' assertion
A. Defendant’s assertion ① The instant sales contract is null and void as an unfair juristic act. ② Even if valid, the agreement was rescinded on January 13, 2015, and not, ③.
On January 30, 2015, the defendant was released from the payment of the cancellation fee.