위약금 등 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On June 29, 2013, the Plaintiffs and the Defendant concluded a sales contract with the Defendant to purchase KRW 1,930 square meters and KRW 500,000 square meters on the road (hereinafter “each of the instant real property”) prior to the Nam-gu Incheon Metropolitan City D (hereinafter “instant sales contract”), and agreed that KRW 15,00,000 on the date of the contract, the intermediate payment of KRW 165,00,000 shall be paid on August 16, 2013, and the remainder of KRW 30,000 shall be paid on August 15, 2017, respectively, and the remainder of KRW 32,00,000 shall be substituted by the Plaintiffs’ acceptance of the secured debt under the name of the National Agricultural Cooperative Federation established in each of the instant real property.
B. In addition, the Plaintiffs and the Defendant agreed to the establishment of provisional registration for purchase and sale of each real estate in the name of the Plaintiffs after the intermediate payment was made, and actively cooperate with the approval of land use and the permission of new construction of warehouse, and bear the responsibility for the installation of boundary surveying and fences, and the removal of trees on the ground. The Plaintiffs are liable for interest on the secured obligation under the name of the National Agricultural Cooperative Federation from the payment of intermediate payment to the time of the transfer registration of ownership. In the event of nonperformance of the above obligation, they shall be liable for the nonperformance. In this case, the Defendant may rescind the contract. In this case, the Defendant shall reimburse the Plaintiffs the down payment and intermediate payment, and the Plaintiffs shall waive the down payment and intermediate
C. According to the instant sales contract, the Plaintiffs paid to the Defendant KRW 15 million on the day of the contract as down payment, and as part of the intermediate payment, paid KRW 140 million on August 30, 2013 and KRW 150 million on October 22, 2013. Accordingly, the Plaintiffs did not pay KRW 25 million out of the intermediate payment to the Defendant.
From October 15, 2013 to May 12, 2014, the sum of KRW 9,321,300 as interest on collateral obligations under the name of the National Agricultural Cooperative Federation.