손해배상(기)
1. The Defendant shall pay the Plaintiffs KRW 200,000,000 and the interest rate of KRW 15% per annum from July 1, 2017 to the date of full payment.
1. Basic facts
A. (1) On October 20, 2016, the Plaintiffs, including the conclusion of the instant sales contract, agreed from the Defendant on October 20, 2016, that the Plaintiff purchase KRW 76,034,00 (hereinafter “the instant forest land”) out of the total of 140,496,00 square meters of two parcels, including 29,948,000 square meters of E forest land and 52,215,000 square meters of F forest and 52,215, in total, KRW 1,000,000,000 for the purchase price, and the down payment of KRW 1,00,000 on the date of the contract, shall be paid on November 15, 2016.
(2) Article 5 of the sales contract of this case provides, “Before the buyer pays the balance to the seller, the seller shall reimburse the sum of the down payment, and the buyer may waive the contract, and the buyer may rescind the contract.” Article 6 provides, “If the seller or the buyer fails to perform the terms and conditions of this contract, the other party may demand in writing the person who has defaulted and rescind the contract. In addition, the other party may claim damages arising from the cancellation of the contract to the other party, and unless otherwise agreed, the contract shall be deemed as the basis for compensation for damages.”
(3) The main terms and conditions of the instant sales contract are as follows.
1. The seller shall divide the sales area (76,034 square meters) into two parts by the day before the payment of the balance according to the specific location plan.
2. Where the division of land is completed due to sale and purchase, the balance payment shall be immediately completed (within five days from the date of division) even before the remainder payment date;
However, if the division is delayed notwithstanding the payment date of the balance, the balance payment and the transfer of ownership shall be made within five days from the date of the division.
3. Where any ground recreational cemetery exists on the land in question, a seller shall be liable for such land, the completion of the relocation, and the purchaser shall be liable for such land;
(4) The Plaintiffs are on the date of the contract.