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1. The Defendants jointly deliver to the Plaintiff the real estate indicated in the attached list, and the said real estate was from April 1, 2015.
Reasons
1. Basic facts
A. The Plaintiff, Non-Party Sym Savings Bank, and O2 Savings Bank are co-owners of the real estate listed in the separate sheet (hereinafter “instant building”).
The defendants are family members.
B. On December 16, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant A by setting the sales amount of KRW 265,00,000 with respect to the instant building (20,000,000 on the date of the contract, the remainder of KRW 245,00,000 on the date of the contract, and the remainder of KRW 245,00,000 on the date of payment on January 30, 2015), and Defendant B jointly and severally guaranteed Defendant A’s obligations.
Article 11(4) of the sales contract of this case provides, “The buyer shall not, for any reason, possess the real estate in question or have a third party possess it or bring it into the country for any reason prior to the payment of the balance with the key of the entrance, and if he violates this, the buyer shall pay the seller 50,000,000 won as penalty for breach of contract, separate from the sales price.”
C. Defendant A paid to the Plaintiff the down payment of KRW 20,000,000 on the day of the contract, and Defendant C received the detotype heat of the instant building from the Plaintiff on December 19, 2014.
Defendant A could not pay any balance on the remaining payment date, and requested the Plaintiff to postpone the payment date. The Plaintiff changed the payment date on February 24, 2015, but did not pay any balance until that date.
E. The Defendants, around February 24, 2015, moved to the instant building and reside in the instant building without paying any balance from that time to that time.
F. On March 13, 2015, Defendant A and Defendant B failed to perform their obligation to pay the remainder, and the Plaintiff was residing in the instant building before the remainder payment. As such, the Plaintiff was ordered to order the instant building and pay the agreed amount pursuant to Article 11(4) of the instant sales contract.