계약금반환
1. The Defendants jointly pay to the Plaintiff KRW 40,000,000 and the interest rate thereon from December 22, 2015 to the date of full payment.
1. Facts of recognition;
A. On March 12, 2015, D sold to the Defendants land E and its ground buildings, and F land and its ground buildings at KRW 1.3 billion in the purchase price.
B. On June 17, 2015, the Defendants sold land and its ground buildings (hereinafter “instant real estate”) from the real estate purchased from D as above to the Plaintiff in KRW 627,00,000, among the real estate purchased from D, and received KRW 40,00,000 from the Plaintiff as the down payment.
(hereinafter “instant sales contract”). C.
However, the Defendants failed to pay the balance under the sales contract with D, and the said sales contract was rescinded on July 6, 2015.
Accordingly, the Plaintiff rescinded the instant sales contract by serving a copy of the complaint on the grounds that the Defendants’ obligation to transfer ownership of the instant real estate was impossible.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]
2. Determination
A. According to the facts of recognition as above, the instant sales contract was lawfully rescinded on December 21, 2015, on the ground that the Defendants’ obligation to transfer ownership of the instant real estate was impossible, upon the Plaintiff’s notice of cancellation, and the duplicate of the instant complaint was served to the Defendants on or around December 21, 2015. Therefore, the Defendants jointly liable to jointly return the down payment KRW 40,000 to the Plaintiff.
B. As to the Defendants’ assertion, the Defendants asserted that: (a) around July 8, 2015, the Defendants agreed with the Defendants, the Plaintiff, and D to maintain the instant sales contract as it is; and (b) D directly agreed to grant the Plaintiff the registration of ownership transfer with respect to the instant real estate; and (c) in fact, D had the registration of ownership transfer with respect to the instant real estate registered from D on November 2, 2015.
The Defendants, the Defendants, the Plaintiff, and D are alleged as the Defendants.