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1. The defendant's each point in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 1 of the separate sheet No. 1.
Reasons
1. Basic facts
A. On March 15, 2017, the Plaintiffs sold the land listed in the separate sheet No. 2 (hereinafter “instant land”) to the Defendant on March 15, 2017, and paid KRW 2.7 billion to the Defendant a down payment of KRW 270 million. Upon entering into a contract, the remainder of KRW 2.43 billion was paid by June 14, 2017 (hereinafter “instant sales contract”). On the same day, the Plaintiffs received KRW 270 million from the Defendant’s down payment.
B. According to the instant sales contract, if the Defendant obtained a construction permit or approval of business and fails to fully pay the purchase price of real estate by the remaining payment date, the down payment shall be reverted to the Plaintiffs as penalty, and the Defendant waives all the rights (such as building permit and business right) in relation to the subject matter of sale, and includes provisions that cannot assert any right or file a civil or criminal objection against the Plaintiffs.
C. The Defendant failed to pay the remainder by June 14, 2017, which is the due date under the instant sales contract, and the Plaintiffs and the Defendant concluded a modified contract to extend the remainder payment period under the instant sales contract on June 23, 2017 by August 14, 2017.
As the Defendant failed to pay any balance by August 14, 2017, which is the changed due date, the Plaintiffs notified the Defendant to pay the balance by August 16, 2017, and sent to the Defendant a certificate of the purport that the instant sales contract will be terminated if the balance is not paid, and that the contract deposit already paid would be confiscated as penalty for breach of contract.
E. If the Defendant did not pay any balance until August 30, 2017 and requested an extension of the due date to the Plaintiffs, the Plaintiffs notified the Defendant on September 4, 2017 to pay any balance to the Defendant by September 14, 2017, and the Plaintiffs did not pay any balance, the instant sales contract is terminated and the down payment already paid is confiscated as penalty.