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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 16, 2014, the Plaintiff entered into a contract with Defendant B, C, and D to purchase the said Defendants’ purchase price: KRW 686 million: KRW 75 million; the remainder KRW 611 million; the due date: November 20, 2014; and the Plaintiff entered into a contract to purchase the real estate listed in the attached Table 2 through 6 of the Real Estate List (hereinafter “second Real Estate”).
B. On September 17, 2014, the Plaintiff entered into a contract with Defendant A to purchase the real estate listed in paragraph (1) of the attached Table of Real Estate (hereinafter “real estate No. 1”) on November 20, 2014, which was determined as follows: KRW 17 million; KRW 17 million; the remainder KRW 1618 million; and the due date: November 20, 2014.
C. After doing so, the Plaintiff paid the down payment of KRW 17 million to Defendant A, Defendant B, C, and D respectively.
On November 20, 2014, the Plaintiff extended the payment date of the remainder of the sale and purchase of the instant real estate No. 1 on December 15, 2014 with Defendant A on or before December 15, 2014. If the Plaintiff is unable to pay the remainder by the said date, the down payment of KRW 17 million shall belong to the Defendant A, and the Plaintiff shall not raise any civil or criminal objection thereto (hereinafter “instant agreement”). The remainder payment date of the instant real estate No. 2 between Defendant B, C, and D shall be extended on January 8, 2015; if the Plaintiff fails to pay the remainder by the said date, the down payment shall be reverted to Defendant B, C, and D; and the Plaintiff agreed not to raise any civil or criminal objection thereto (hereinafter “instant agreement”).
E. On November 20, 2014, Defendant B, C, and D sent to the Plaintiff a postal item stating that “In the event that the Plaintiff did not pay any balance on the date specified in the instant agreement, if any, it would be rescinded, and the down payment that the Plaintiff paid belongs to Defendant B, C, and D,” and the same seal attached thereto.