계약금반환 등 청구의 소
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. The first instance court's decision on the basic facts, among the reasons why the court should explain concerning the instant case, is different.
In addition to the following changes, the above judgment'1. Basic facts are the same as the corresponding facts, and they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
- - The following:
C. The scheduled date of the instant hotel occupancy in the instant sales contract was around March 2018, but the actual completion was made on March 15, 2019.
2. Determination on the cause of the claim
A. Comprehensively taking account of the absence of dispute over the facts of recognition, the following circumstances may be acknowledged in view of the entries in Gap evidence No. 3-1 to 3 and the purport of the entire pleadings:
① Article 5(3) of the instant sales contract provides that “If the occupancy of the Defendant company is delayed for more than three months from the scheduled date of occupancy due to reasons attributable to the Defendant company, the Plaintiffs may cancel each of the instant sales contract, and the Defendant company shall pay the Plaintiffs 10% of the total supplied amount as penalty.”
② The fact that the construction completion was completed on March 15, 2019, which was delayed for 12 months from the scheduled date of occupancy stipulated in each of the instant sales contracts, was possible to move into as seen above.
③ For this reason, a duplicate of the complaint of this case containing the Plaintiffs’ declaration of intent to cancel each of the instant sales contracts was served on the Defendant Company on May 24, 2017.
B. In full view of the above circumstances, it is reasonable to view that the sales contract of this case was lawfully rescinded due to the delay in the performance of the defendant company unless there are special circumstances.
Therefore, the defendant company is obligated to pay the remaining money except value-added tax that the plaintiffs deducted from the contract deposit received from the plaintiffs due to restitution following the cancellation of the contract for sale in lots, and the penalty equivalent to 10% of the supply amount under each contract for sale in this case and damages for delay.
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