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1. All of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiffs are married couple, and the defendant is also a seller of the first floor E of the D block (hereinafter “instant real estate”).
B. On October 27, 2017, Plaintiff B entered into a sales contract with the Defendant to set the sales price of KRW 1.29 million for the instant real estate (hereinafter “instant sales contract”) and paid the down payment of KRW 129 million for the same day to the account in the name of F Co., Ltd., a fund management trust company.
Plaintiff
B, on December 4, 2017, after obtaining the consent of the Defendant, partially transferring the rights and obligations of the purchaser under the instant sales contract to the Plaintiff A, and the Plaintiffs have the status of the purchaser each 1/2 shares.
According to the instant sales contract, 120 million won of the down payment (10%) 129.6 million won of the sales price is paid at the time of the contract, 1-4 intermediate payment (40%) 51,8.4 million won of the sales price, 2018.20 million won of the five intermediate payments (10%) 12,9.6 million won of the remainder (40%) 20 June 20, 2018. In addition, the main contents of the instant sales contract are as follows.
Article 2 (Cancellation of Contract) (3) The buyer (Plaintiffs) may cancel this contract by himself in case of his own reason.
Provided, That it shall be limited to cases where the seller (the defendant) approves in writing after the intermediate payment has been paid at least once.
Article 3 (Penalties) (1) When this contract is terminated for reasons falling under paragraphs (1), (2) and (3) of Article 2, 10% of the total amount of supply shall be reverted to the seller with penalty.
(B)
C. The Plaintiffs expressed their intent to cancel the instant sales contract to the Defendant by means of content-certified mail on May 31, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The contract for penalty under Article 3(1) of the contract for the sale of this case (hereinafter “agreement for penalty of this case”) to the customer’s purport of the plaintiffs’ assertion is unfair.