계약금등 반환
1. The Defendants jointly share KRW 101,970,00 and Defendant C with respect thereto from July 15, 2017 to August 4, 2017.
1. Basic facts
A. On June 6, 2017, the Plaintiff concluded a sales contract to purchase the instant apartment unit (hereinafter referred to as the “instant sales contract”) with the Defendants (Defendant C is his/her husband and wife) who are the joint buyers of Seongdong-gu Seoul apartmentF (hereinafter referred to as the “instant apartment unit”) on the purchase price of KRW 616,00,000 (the purchase price was stated as KRW 595,000,000 in the contract form) and the intermediate payment of KRW 39,00,000 on the date of the contract, the intermediate payment of KRW 10,00,000 on the date of the contract, the intermediate payment of KRW 135,26,596 on July 4, 2017, the Plaintiff agreed to pay KRW 297,000,000 among the purchase price requested by the Defendants to the extent of August 4, 2017.
B. According to Article 2 of the sales contract of this case, if the seller violates the sales contract of this case, he shall compensate for the double amount of the contract amount, and if the buyer violates the sales contract of this case, the entire contract deposit shall be reverted to the seller.
C. According to the instant sales contract, the Plaintiff paid the Defendants KRW 39,00,000,000 (i.e., KRW 3,000,000 in total) (i., KRW 6,000,000 in KRW 30,000 in total) from June 3, 2017 to June 7, 2017; and (ii) paid KRW 21,00,000 in total and KRW 2,970,000 in the purchase price on June 7, 2017.
On June 9, 2017, Defendant B delivered to the Plaintiff through D the intent that the Plaintiff had no intent to maintain the instant sales contract due to an error in the calculation of capital gains tax, and accordingly, the Plaintiff demanded the Plaintiff to pay penalty along with the return of the amount already paid. The Defendants rejected this.
E. On July 3, 2017, the Plaintiff sent to the Defendants a content-certified mail stating that the instant sales contract will be rescinded, as the Defendants clearly expressed their intent not to perform their obligations under the instant sales contract. At that time, the said mail was served on the Defendants.
Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2 through 4, each of 1, 2, witness.