Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion: The Defendants are obligated to implement the registration procedure for ownership transfer of the instant real estate in accordance with the sale and purchase agreement dated November 3, 2015 to the Plaintiff.
The Defendants: Since the above sales contract was rescinded, they cannot comply with the Plaintiff’s request.
2. Facts of recognition;
A. On November 3, 2015, the Plaintiff entered into a sales contract with the Defendants on the instant real estate owned by the Defendants (hereinafter “instant sales contract”) with respect to which the purchase price was KRW 78 million, and paid KRW 7 million as the down payment to the Defendants.
According to the above sales contract, the intermediate payment of KRW 10 million is paid on the 30th of the same month, and the remainder of KRW 61 million is paid on December 15, 2015 after deducting the security deposit of KRW 45 million.
B. The Defendants did not pay any balance after the Plaintiff paid intermediate payment of KRW 10 million to the Plaintiff. On January 28, 2016, the Defendants notified the Plaintiff in writing that the Plaintiff would be deemed the intention to terminate the contract unless the balance is paid by February 15, 2016.
C. Since then, the Plaintiff did not pay any balance when requesting the Defendants to reduce the purchase price. On March 10, 2016, the Defendants notified the Plaintiff in writing that the Defendants would be deemed to have agreed to terminate the contract if the Defendants’ proposal cannot be accepted.
On June 7, 2016, the Plaintiff filed a lawsuit against the Defendants claiming the return of the purchase price, etc. based on the rescission of the instant contract, and the duplicate of the complaint reached the Defendants on June 21, 2016.
(Seoul Western District Court 2016Kadan16132, hereinafter referred to as "Prior Action"). (e)
On the 24th of the same month, the Defendants attached a copy of the certificate of personal seal impression, written confirmation, etc. for real estate sale and all documents necessary for the registration of ownership transfer.