위약금
1. The Defendant’s 200 million won to the Plaintiffs, as well as 5% per annum from November 9, 2017 to May 3, 2018.
Basic Facts
On August 19, 2015, the Plaintiffs concluded a sales contract between the Defendant and the Defendant with the content that the Defendant purchases KRW 450 million (a contract deposit amounting to KRW 150 million; KRW 30 million; KRW 1,125 square meters, KRW 104 square meters, KRW 312 square meters, KRW 72 square meters, KRW 7.96%, KRW 1402, and KRW 49.5 square meters, and KRW 49.5 square meters, from among KRW 72 square meters, in Jin-si-si, the Defendant entered into a sales contract between the Defendant and the Defendant (hereinafter referred to as “instant sales contract”) with the content that the Defendant purchases KRW 45,00,000,000, KRW 300,000,000 (hereinafter referred to as “the instant contract”). Under the special agreement, the remainder will take over the bank loan obligations paid or accrued, and if the Defendant pays the down payment, the Plaintiffs would have given up the down payment.
The Plaintiffs paid 150 million won to the Defendant on the day of the contract as the down payment under the instant sales contract.
On March 30, 2016, the Defendant, including the preparation of a pre-contract between the Plaintiffs and the Defendant, did not initiate the obligation to open access roads by March 30, 2016, which is close to the date of ownership transfer under the instant sales contract. The Plaintiffs, on March 30, 2016, prepared a pre-contract on the purchase and sale of 2,246.181/63,171 shares out of 1,125 square meters in C forest land, which is 2,125 square meters, 12/104 shares out of D forest land, 12/104 shares out of 312 square meters in E, 16/312 shares out of 312 square meters in E, 226.62/20, 376 shares in G large 1,402 square meters and 49.5 square meters in the ground-based single-story housing.
On March 31, 2016, the Defendant prepared a written agreement with the Plaintiffs that “The Defendant would secure access roads (six meters wide) by March 31, 2016 pursuant to the instant sales contract, and complete the registration of ownership transfer pursuant to the instant sales contract, but failed to comply therewith,” and that “the Defendant would secure access roads and complete the registration of ownership transfer pursuant to the instant sales contract by August 15, 2016.”
The Plaintiffs are above April 1, 2016.