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1. Each of the shares of 1/2 with respect to 305 square meters in Ulsan-gu D, Ulsan-gu, and the Defendant respectively concluded on June 13, 2017.
Reasons
1. Indication of claim;
A. The Plaintiffs are co-owners holding 1/2 shares in relation to 305 square meters in Nam-gu, Ulsan Metropolitan City D (hereinafter “instant real estate”), and the Defendant is a company with the purpose of real estate development, etc.
B. On June 13, 2017, the Defendant concluded a sales contract with the Plaintiffs to purchase each of the shares of KRW 1/2 of the instant real estate in KRW 700 million (hereinafter “instant sales contract”) and paid the Plaintiffs the down payment amount of KRW 70 million each on the day of the said contract.
Until the end of May 2018, the Defendant agreed to pay each balance of KRW 630 million to the Plaintiffs, and that if the balance is not paid on the balance date, the down payment already paid shall be deemed as a penalty and not be returned.
C. From July 19, 2018, the Plaintiffs kept documents necessary for the registration of transfer of ownership on the instant real estate in an attorney-at-law office. In the event that the Defendant fails to pay any balance within 10 days after the duplicate of the instant complaint was served on the Defendant, the Plaintiffs expressed their intent to cancel the instant sales contract.
The duplicate of the instant complaint was served on the Defendant on March 6, 2019, but the Defendant did not pay the balance within 10 days after the duplicate of the instant complaint was served.
Therefore, since the sales contract of this case was lawfully rescinded, there is no obligation of the plaintiffs to perform the procedure for the registration of ownership transfer to the defendant based on the sales contract of this case. In addition, if the balance is not paid on the balance date, the already paid down payment shall be deemed as a penalty, and there is no obligation of the plaintiffs to return the down payment to the defendant following the cancellation of the sales contract of this case.
2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;