beta
Text
1. The defendant shall pay 40 million won to the plaintiffs and 15% per annum from December 27, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On October 24, 2017, Plaintiff B and C entered into a sales contract with the Defendant to purchase the purchase price of KRW 270,000,000 (hereinafter “instant real estate”) that was owned by the Defendant and the purchase price of KRW 3498 square meters (hereinafter “instant sales contract”).
According to the sales contract of this case, ① the seller pays the down payment of KRW 20,000,00 at the time of entering into the contract, and the balance of KRW 250,00,000 shall be paid on November 8, 2017 (Article 1, the purchase price and the timing of payment), ② the seller shall compensate for the remainder before the buyer pays the intermediate payment (in the absence of the intermediate payment agreement, the remainder), and the buyer may also waive the contract by giving up the down payment (Article 6, the rescission of the contract), ③ the seller or the buyer may cancel the contract (Article 6, the rescission of the contract). ③ In the event of default under this contract, the other party may demand in writing the other party to perform the contract and cancel the contract (Article 7, the default and the compensation for damages). In the event of the rescission of the contract, the seller and the buyer may claim damages to the other party, respectively, and in accordance with
(2) of the same section. (b)
On October 24, 2017, the Plaintiffs paid KRW 20,000 to the Defendant the down payment of KRW 20,000.
C. On November 14, 2017, Plaintiff A demanded that the Defendant pay the transfer income tax on the date of the remainder payment of the instant sales contract, and rejected the remainder payment.
Before the arrival of the remaining payment date, Defendant’s opinion was presented that he would have her fluencing about KRW 56,00,000 that capital gains tax was paid out of approximately KRW 56,000,000, and that he would bear about KRW 30,000,000. However, Defendant refused to receive the balance by imposing KRW 50,000,000.
The defendant shall pay KRW 40,000,000, which is a double of down payment pursuant to Article 6 of the sales contract of this case.