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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant D, Selection F, G (hereinafter referred to as “Defendant D, etc.”) owned 3/8 shares, 1/2 shares, and 1/8 shares among the instant land.
B. On October 18, 2018, the Plaintiff, via Defendant C, who is the agent, entered into a sales contract with Defendant D, etc. with the following terms and conditions that the purchase price of the instant real estate is KRW 500 million (hereinafter “instant sales contract”). On the date of the contract, the Plaintiff borrowed 10 million out of the down payment to Defendant D, etc. and paid 30 million won from Defendant C.
A. The payment was made.
Sales proceeds: 50 million won - Contract proceeds: 30 million won shall be paid and received at the time of the contract; - The amount of KRW 100 million shall be paid on October 30, 2018 (the first intermediate payment), and KRW 170 million shall be paid on November 20, 2018 (the second intermediate payment); - Balance: 200 million won shall be paid on December 17, 2018.
Article 5 (Cancellation of Contract) Before the Plaintiff pays the intermediate payment to Defendant D, etc., Defendant D, etc. shall reimburse the amount of the contract, and the Plaintiff may waive the down payment and rescind this contract.
Article 7 Where a plaintiff is unable to pay an intermediate payment on the date of the intermediate payment, the failure to pay the intermediate payment is recognized, and the plaintiff waives the down payment.
In addition, Defendant D et al. does not raise any objection at all even after entering into a sales contract with another person.
(c)
The Plaintiff paid KRW 50 million to Defendant D, etc. on November 2, 2018, and KRW 30 million on November 6, 2018.
(d)
Since Defendant D et al. did not pay part payments under the instant sales contract, around December 20, 2018, Defendant D et al. concluded a sales contract with Defendant B for the purchase price of KRW 500 million with respect to the instant real estate, and completed the registration of transfer of ownership on October 26, 2018 on December 24, 2018 of the receipt No. 91302 on December 24, 2018.
E. The Plaintiff paid KRW 50 million to Defendant D, etc. on February 28, 2019, KRW 20 million on March 17, 2019, and KRW 20 million on March 28, 2019.