위약금 등 청구
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000,00 and Defendant B with respect thereto from September 29, 2017.
Facts of recognition
Defendant C (hereinafter “Defendant C”) is a corporation with the purpose of producing, distributing, or processing agricultural and fishery products; Defendant C’s representative director; and Defendant C’s director; and Defendant C’s director.
On January 4, 2017, the Plaintiff entered into a sales contract with the Defendants and Defendant B to purchase KRW 3,420,000,000 from the E, F, which delegated all matters related to the purchase of land.
(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.
Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:
-10,000,000 won out of down payment 400,000,000 won shall be paid at the time of the contract and the seller shall receive it. - The remainder of the contract shall be paid on the date of approval of the project plan.
- The remainder of KRW 3,020,000 shall be paid on May 19, 2017.
Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination and shall not claim the return thereof.
Matters with special agreement - The buyer may change his name to any person who wants.
- A seller shall provide a written consent to land use and a certificate of personal seal impression until January 6, 2017.
- If the approval of the project is not possible, the cost of one billion won already paid shall be reverted to the seller.
On January 4, 2017, the Plaintiff paid KRW 100,000,000 to Defendant B, respectively, and KRW 50,000,00 on May 19, 2017.
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 9 (a serial number includes a serial number; hereinafter the same shall apply)'s assertion of the purport of the whole pleadings, and the plaintiff's assertion that the plaintiff concluded a sales contract of this case with the defendants to purchase the land for the purpose of promoting tourist agricultural business, and conducted administrative procedures for tourist agricultural business, but it was difficult to promote the business until the balance of the sales contract of this case.
Accordingly, the plaintiff is the defendant B.