양수금
1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.
Defendant C is 80,020.
1. Basic facts
A. The position of the parties 1) A Co., Ltd. (H Co., Ltd.) is the Ulsan-gu I apartment (hereinafter “instant apartment”)
) The construction was the commencement of the new construction project, and was declared bankrupt on August 7, 2014, and the Plaintiff was appointed as the trustee in bankruptcy (hereinafter referred to as “Plaintiffs”). The Plaintiff is collectively named A Co., Ltd and the Plaintiff.
2) The Defendants are the buyers who entered into an apartment supply contract with J Co., Ltd. (hereinafter “J”) which is the executor of the instant apartment construction project.
B. On January 31, 2007, Defendant C entered into an apartment supply contract with J on the apartment house L of this case with Defendant C as KRW 723,000,000 with respect to the supply price for the apartment house of this case. Defendant G entered into an apartment supply contract with J on November 15, 2006 with Defendant G on the supply price of the apartment house of this case at KRW 520,000,000 (hereinafter collectively referred to as “each apartment supply contract of this case”).
2) Upon entering into each of the instant supply contracts, the Defendants paid KRW 20,000,00 as the first down payment to the J.
Article 1 (Payment Method of Separated Contract Deposit) The seller may rescind a contract if the buyer performs an act falling under any of the following subparagraphs after giving a peremptory notice, on 72,300,300, 72,300, 72,300, 72,72,300, 72,300, 72,300, 72,300, 72,300, 72,3000 G G 20,000 52,52,000 52,000 52,000 52,000 52,000 52,0052,000 52,000 52,000,000 136,000 (unit : 136,000 won) ① In any case where the buyer performs an act falling under any of the following subparagraphs:
2. When the contract is terminated for reasons falling under Articles 3 (1) 1 through 3 and 2 (2) when the balance is not paid within three months from the expiration date of the designation period for moving-in, the buyer shall pay 10% of the total amount supplied to the seller as penalty.
(3) In cases under paragraph (1), a seller shall pay a penalty out of the price already paid.