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The Plaintiff
A. Defendant B’s KRW 22,900,000 and for this, KRW 5% per annum from October 9, 2019 to October 10, 2020.
Reasons
1. Basic facts
A. On the ground of 12,961m2, the Plaintiff: (a) carried out a project for constructing a new apartment house with 4 underground floors and 284 apartment units with 24 floors above the ground (hereinafter “instant apartment units”); (b) on June 10, 2016, the Plaintiff concluded a management-type land trust contract with the F Co., Ltd. (hereinafter “Defendant F”); and (c) transferred the ownership of the project site on the ground of trust by concluding a management-type land trust contract with regard to the instant project.
B. On December 7, 2016, Defendant B entered into a sales contract with respect to the instant apartment G as follows with the total sale price of KRW 329,00,000,000 between Defendant B and F. On December 7, 2016, Defendant C entered into a sales contract with respect to the instant apartment H, with the total sale price of KRW 327,80,000 as follows:
Meanwhile, according to the contract for sale concluded by the Defendants, when the contract for sale is cancelled due to the Defendants’ fault, the penalty equivalent to 10% of the total amount of the sale price shall be reverted to F.
(c)
After concluding the above sales contract, Defendant B paid KRW 10,000,000 for the first down payment on December 7, 2016, and Defendant C also paid KRW 10,000,000 for the first down payment on December 12, 2016.
(d)
After the completion of the instant apartment, F notified the Defendants, including the Defendants, of the fact that the sales price shall be fully paid within the said period, by setting the designation of the purchase price and the remainder payment period from March 1, 2019 to April 30, 2019. The Defendants did not pay the remainder of the sales price except for the first down payment of KRW 10,000,000 as seen earlier.
E. On September 23, 2019, F sent to Defendant B, on the grounds of the default of the sale price, a sales contract was cancelled and sent to Defendant B a certified mail claiming the payment of accounts payable, out of penalty equivalent to 10% of the total supply price, to Defendant B’s address stated in the sales contract, but returned to Defendant B’s address changed, and on October 8, 2019, the sales contract was cancelled and total.