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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 3, 2017, between E and E, an agent of the Defendants, the Plaintiff: (a) sold the Defendants at KRW 711 square meters (hereinafter “instant land”); (b) KRW 50 million, at the time of the contract, the remainder of KRW 250 million to be paid within 10 months after the contract was entered into; and (c) received KRW 50 million from the Defendants a down payment under the instant contract on the same day; and (d) the terms related to the instant contract are as follows.
Article 1 (Purpose of Business) This project aims at the Defendants’ independent house business.
Article 5 (Consent to Land Use, etc.) When the plaintiff and the defendants enter into this contract, receive down payment, and request all necessary documents, such as consent to land use necessary for approval (or building permission) in relation to development activities in the main business area and housing construction permission, the plaintiff will be obliged to provide the defendants with all necessary documents.
Matters of special agreement
1. The name of the purchaser may be changed;
3. A lawsuit shall be brought without a peremptory notice if any balance is not paid by the payment date of balance.
December 3, 2017). (b)
However, until December 3, 2017, the Defendants did not pay the Plaintiff the balance of KRW 250 million under the instant sales contract. On December 12, 2017, the Plaintiff sent a content-certified mail demanding that Defendant B pay the remainder of KRW 250 million by December 14, 2017, and the said mail reached Defendant B around that time.
C. In addition, on December 21, 2017, the Plaintiff sent to Defendant B a content-certified mail demanding either of the payment of the price and the performance of registration without the agreement of the Defendants, and on January 4, 2018, the Plaintiff sent a notice demanding the payment of the balance of KRW 250 million until January 4, 2018, and the said mail reached Defendant B around that time.
[Ground of recognition] Unsatisfy, A(1) through (3)