손해배상(기)
1. The defendant is paid KRW 177,00,000 from the plaintiffs, and at the same time, it is stated in the separate sheet to the plaintiffs.
On May 14, 2017, the Plaintiffs concluded a sales contract between the Defendant and the Defendant to purchase each real estate listed in the separate sheet owned by the Defendant (hereinafter collectively referred to as “instant real estate”) in KRW 180,000,000 (hereinafter referred to as “instant sales contract”). On the same day, the Plaintiffs paid the down payment of KRW 3,00,000 to the Defendant.
Therefore, at the same time, the defendant is paid 177,00,000 won (180,000 won = 180,000,000 won - 3,000,000 won) from the plaintiffs, and at the same time, is liable to implement the registration procedure for transfer of ownership as to each one-half of the real estate in this case.
Judgment
According to Gap evidence No. 1 as to the cause of claim, it can be acknowledged that the plaintiffs entered into the sales contract of this case with the defendant on May 14, 2017 that the plaintiffs purchased 1/2 shares of each of the real estate of this case. The plaintiffs are obligated to pay 177,00,000 won to them as a result of the defendant's fulfillment and redemption of the defendant's obligation to transfer ownership of the real estate of this case. Thus, the defendant is obligated to receive 177,00,000 won from the plaintiffs and to implement the registration procedure for transfer of ownership of 1/2 shares of each of the real estate of this case, barring special circumstances.
As to the Defendant’s defense of cancellation, the Defendant asserts that the Defendant repaid the amount of the down payment and rescinded the instant sales contract in accordance with the cancellation fee clause of the instant sales contract. 2) According to the respective descriptions of the evidence Nos. 1, 7, and Nos. 1 and 2 (including the serial number), Article 5 of the instant sales contract provides that “Before the buyer pays the intermediate payment, the seller shall compensate for the double amount of the down payment, and the buyer may waive the down payment and rescind the instant sales contract.” The date of the payment of the intermediate payment of the instant sales contract is July 30, 2017.