매매대금반환
1. The Defendants: KRW 60,000,000 for each Plaintiff and 5% per annum from June 24, 2004 to October 5, 2015.
1. The Plaintiff, around March 2004, purchased 1,414/2,980 shares (hereinafter “instant land”) out of 2980 square meters in Asan-si D 2980 square meters from the Defendants, and entered into a sales contract with the Defendants to implement the procedures for the registration of ownership transfer from E, the owner of the instant land (hereinafter “instant sales contract”) upon completion of the registration of ownership transfer from E, and paid all the above purchase price to the Plaintiff by June 24, 2004. The Defendants, after completion of the registration of ownership transfer under Defendant B’s name on July 4, 2006, completed the registration of ownership transfer, did not dispute the registration of ownership transfer between the parties concerned. < Amended by Act No. 29863, Jun. 4, 2009>
According to the above facts, the Defendants are obligated to perform the registration procedure for transfer of ownership of the instant land to the Plaintiff pursuant to the instant sales contract, and it is reasonable to deem that the instant sales contract was omitted due to the Defendants’ double sale of the instant land to F and the completion of the registration for transfer of ownership. The fact that the duplicate of the instant complaint stating the declaration of intent to cancel was served on October 5, 2015 to the Defendants is apparent in the record, so the instant sales contract was lawfully rescinded as the duplicate of the instant complaint was served to the Defendants.
Therefore, the Defendants, who are jointly and severally liable as a joint seller of the instant sales contract, are liable to each Plaintiff for a total of KRW 60,000,000 for the purchase price received from the Plaintiff due to the cancellation of the instant sales contract, and the Defendants, from June 24, 2004 to October 5, 2015, the date of delivery of a copy of the instant complaint, which was paid by the Plaintiff, shall be 5% per annum under the Civil Act, and the next day to the date of full payment.