손해배상(기)
1. Plaintiffs, Defendant C’s KRW 60,000,00, and Defendant D’s KRW 150,000,000, and each of them, respectively. < Amended by Act No. 14305, Feb. 19, 2016>
1. Basic facts
A. On October 2, 2014, the Plaintiffs entered into a contract with the Defendants, the married couple, to purchase a building of 1630 square meters in Gyeyang-gun E Forest (hereinafter “instant land”) and a building of 787.86 square meters in total constructed on the said land (hereinafter “instant building”).
The land in this case was owned by Defendant C, and the owner of the building in this case was D, so a sales contract concerning the land and building was separately prepared, but a special agreement was attached thereto.
(2) The main contents of the instant sales contract are as follows: (a) each of the instant land sales contract and the instant building sales contract; and (b) each of the instant sales contracts is incorporated into two parts; and (c) each of the instant sales contracts is as follows.
The seller and the buyer agreed to pay the purchase price by agreement for the sale of the pertinent real estate under Article 1 (Purpose) of the Land Sales Contract.
The purchase price shall be KRW 400,000,000 ( KRW 40,000), the down payment of KRW 333 billion ( KRW 360,000), the remainder of KRW 40,000 ( KRW 360,000), shall be paid on March 31, 2015.
The seller and the buyer agreed to pay the purchase price in accordance with an agreement for the sale of the pertinent real estate under Article 1 (Purpose) of the Building Sales Contract.
The purchase price of KRW 1,00,000 (1,000,000) and the down payment of KRW 100,000 (100,000,000) and the remainder of KRW 900,000,000 (90,000,00) shall be paid on March 31, 2015.
Article 5 (Cancellation of Contract) The buyer may reimburse the seller the amount of the down payment until the buyer pays the intermediate payment (if there is no intermediate payment, the balance) to the seller, and the buyer may waive the down payment and cancel the contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted on the contract and may cancel the contract.
In addition, the parties to the contract shall compensate for damages.