손해배상(기)
1. The defendant's KRW 4,299,807, KRW 5,528,323 to the plaintiff Eul, and KRW 2,457,032 to the plaintiff Eul and each of them.
1. Basic facts
A. The defendant is a company that newly built and sold E apartment units in the Jeju Island, and the plaintiffs are the persons who purchased the above apartment units No. 101 (hereinafter "the apartment units of this case").
B. On August 14, 2013, the Defendant concluded a housing supply contract with the Plaintiffs as of November 29, 2013 with respect to the instant apartment as of the supply price of KRW 1,286,70,000, and the remaining payment date. Accordingly, the Plaintiffs paid KRW 64,335,000 on the date of the contract to the Defendant. On September 25, 2013, the Defendant paid KRW 450,345,000 in total, including the payment of KRW 386,00 as part payments.
C. The sales contract of the instant apartment is stipulated as follows: “The scheduled date of occupancy is the end of November 2013, and if the Defendant is unable to move into the scheduled date of occupancy, compensation for delay shall be paid to the Plaintiffs or deducted from the remaining price in accordance with the following overdue rates:
Period 1 – 31 days - 30 days - 91 days - 1.73% of the overdue rate exceeding 181 days - 11.73% 12.73% 22.73%
D. On February 27, 2014, the scheduled occupancy date of the apartment in this case, the Defendant notified the Plaintiffs that it is possible to move into the instant apartment from February 28, 2014 to April 30, 2014 with the approval of provisional use for the apartment in this case, and completed the registration of preservation of ownership on the land and building of the instant apartment on July 24, 2014. The Plaintiffs paid the remainder to the Defendant on July 31, 2014, and completed the registration of ownership transfer (Plaintiff A35/100, Plaintiff B45/100, Plaintiff C20/100 shares, and Plaintiff C20/100 shares) on the same day.
【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1 through 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. From the end of November 2013, the scheduled date of occupancy of the instant apartment, the gist of the Plaintiffs’ assertion, the Defendant, only with respect to the land and building of the instant apartment, was registered for the preservation of ownership on July 24, 2014, from December 1, 2013 to July 23, 2014.