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1. The part concerning the claim for return of unjust enrichment in the instant lawsuit is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Basic facts
A. On June 2, 2003, the Plaintiff and B entered into a contract with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 5,152,513,000 by way of a negotiated contract, and paid KRW 520,00,000 as the contract deposit to the Defendant on the same day.
The main contents of the instant sales contract are as follows.
(A) Article 1. The defendant shall sell the real estate of this case to the plaintiff and B as KRW 5,152,513,000.
Article 2 (1) The plaintiff and B shall pay 520,000,000 won to the defendant on the date of concluding a contract, in case where the proceeds of sale under Article 1 are equivalent to not less than 1/10 of the proceeds
(2) When this contract is cancelled, the sale price paid pursuant to paragraph (1) shall be deemed the contract bond.
Article 3 (1) The plaintiff and B shall pay 4,632,513,00 won until July 31, 2003.
When Article 5 (1) and B fall under any of the following subparagraphs, the defendant may cancel this contract:
1. If the sale price is not paid by the specified time limit, Article 6 (1) If this contract is cancelled pursuant to Article 5, the plaintiff and B shall waive the amount paid pursuant to Article 2, and immediately return the purchase property to the defendant, and shall be liable for restoration and compensation
Article 7 (1) and (2) shall be transferred after full payment of the sale price, and the costs of transfer shall be borne by the plaintiff and B.
B. The Plaintiff and B did not pay any balance after July 31, 2003, which is the payment date of the said balance, and did not pay the balance from the Defendant on October 10, 2003, November 29, 2003, and the Defendant did not pay the balance on five occasions on the five occasions.
On March 8, 2004, the Plaintiff and B promised to pay the remaining amount to the Defendant by April 30, 2004, and if until the said date.