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1. The Defendant’s KRW 80,000,00 for the Plaintiffs and 5% per annum from November 9, 2016 to August 18, 2017, respectively.
Reasons
1. Basic facts
A. On July 26, 2006, the Plaintiff Young-gu Co., Ltd. (hereinafter “Sover Young-gu”) and Song-gu Co., Ltd. (the trade name of the Plaintiff Co., Ltd., was changed to the development of Song-gu Co., Ltd., Ltd., and was as of July 20, 2007; hereinafter “Song-gu”) concluded a contract to purchase all of the buildings and structures on land (hereinafter “the instant real property”) owned by C from Ulsan-gu, Ulsan-gu, Seoul and 467 square meters, and the total of the buildings and structures on land (hereinafter “the instant real property”) with KRW 1.2 billion (the contract amount, KRW 20 million, the remainder of the contract amount, and KRW 1 billion) (hereinafter “the instant sales contract”).
B. According to Article 3 of the sales contract of this case, the plaintiffs and C state that the sales contract of this case was concluded to promote the apartment reconstruction project (hereinafter "the housing project of this case") on a group of lots including real estate subject to sale (22,000 square meters), "the payment of the sale price shall be made as follows (2)", "the payment of the sale price shall be made as follows: (a) the payment of the sale price shall be made as follows; (b) the deposit into each account immediately after the completion of the reservation for the sales contract for the whole of the lots subject to acquisition; and (c) the payment of the balance as 60 days from the date of approval for the business or as PE."
In addition, Article 11(2) of the instant sales contract provides that “if a contract is terminated due to any cause attributable to the Plaintiff, the down payment that the Plaintiffs paid shall be reverted to the Defendant as a penalty.”
C. The Plaintiffs paid KRW 200 million to C on May 24, 2006 (the instant sales contract was drafted after the payment of down payment), but the remainder amounting to KRW 1 billion is not paid until the instant lawsuit is filed.
Meanwhile, after C died on October 13, 2006, the Defendant, one of C’s successors, acquired the ownership of the instant real estate solely in accordance with the agreement on the share of inheritance.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings.