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1. Defendant E Co., Ltd.: (a) KRW 272,843,720 to Plaintiff A; (b) KRW 135,99,10 to Plaintiff B; and (c) KRW 232,386,110 to Plaintiff C; and
Reasons
1. Basic facts
A. The Plaintiffs purchased the instant officetels from Defendant E Co., Ltd. (hereinafter “Defendant E”) and concluded the sales contract as follows (hereinafter collectively referred to as “instant sales contract”); and the said sales contract signed and sealed Defendant F Co., Ltd. (hereinafter “Defendant F”) and the Si Co., Ltd. (hereinafter “Defendant E”), as well as Defendant E Co., Ltd. (hereinafter “Defendant F”).
1) On August 1, 2016, Plaintiff A: (a) the price for the instant officetel No. 171,305,800 (including value-added tax; hereinafter the same shall apply)
(2) On July 31, 2016, the Plaintiff paid KRW 118,914,060 for each purchase of the instant officetelK in KRW 172,370,80 (i.e., KRW 17,130,580 for the intermediate payment of KRW 102,783,480) and KRW 120,659,560 for the said J. (i.e., KRW 17,237,080 for the intermediate payment of KRW 103,42,480 for the intermediate payment of KRW 103,42,480). (ii) On July 31, 2016, the Plaintiff paid KRW 118,914,060 for each purchase of the instant officetelK in KRW 171,305,80 for the price, KRW 130,580 for the intermediate payment of KRW 101,783,840).
3) On September 25, 2016, Plaintiff C decided to purchase the instant officetel L in KRW 292,715,800, and paid KRW 204,901,060 (i.e., intermediate payment of KRW 175,629,480) (i.e., down payment of KRW 29,271,580). Plaintiff D decided to purchase the instant officetel M in KRW 165,980,80 on August 1, 2016, and paid down payment of KRW 116,186,560 (= down payment of KRW 16,598,080).
B. The instant officetel was completed on December 28, 2018 and obtained approval for use, and began to move from January 12, 2019.
C. On December 17, 2018, the Plaintiffs notified the Defendants that the instant sales contract was cancelled pursuant to Article 5(3) of the instant sales contract on the grounds that the occupancy was delayed even after three months elapsed from August 2018, which was the scheduled date of occupancy of the instant officetel.
On the other hand, Article 5 (3) of the sales contract of this case is due to the reasons attributable to Defendant E.