Plaintiff

A around June 2018, a sales contract was concluded between the Defendant for the purchase of “E” housing sites in Gyeonggi-gu D (hereinafter “instant land”) with the Plaintiff, and around October 2018, a sales contract was concluded between the Plaintiff and the Defendant for the purpose of changing the sale object to Fho Lake housing site (hereinafter “sale contract”).

Plaintiff

B around June 2018, between the Defendant and the sales contract under which Plaintiff B purchases the housing site of the instant land from among the instant land (hereinafter “instant sales contract”). The instant sales contract was concluded with each of the instant sales contracts when named together with the first sales contract.

The Plaintiffs paid the Defendant the down payment and intermediate payment pursuant to each of the instant sales contracts as indicated below.

After A, on July 27, 2019, the Plaintiff A and the Defendant drafted a letter of undertaking with the following contents, and on July 29, 2019, the Plaintiff B and the Defendant drafted the same letter of undertaking with respect to G housing sites (hereinafter referred to as “the same letter of undertaking”).

1. The plaintiff A transfers to the defendant all the rights related to the ownership of the F Housing Site contracted with the defendant.

2. The purchase price of the previously paid housing site shall be settled with the purchase price paid by the Defendant after entering into a contract for re-sale with the third party.

3. Where the relevant housing site is not concluded by June 30, 2020, the whole purchase price of the other party shall be refunded by the defendant who is the seller of the housing site.

4. The subject matter of performance of the promise shall be limited to the purchase price of the F Housing Site of Plaintiff A, which was already paid, after excluding all additional costs, such as interest costs, opportunity costs, and down payment.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1-5, 8, 9, Eul evidence Nos. 1-3, 5, 6, and 9 (including numbers), and the facts of the above recognition as to the ground for claim of the whole pleadings, the plaintiffs and the defendant prepared the letter of commitment of this case, and the defendant prepared the letter of commitment of this case.