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1. Of the judgment of the first instance, the amount exceeds KRW 70,484,00 against the Defendant A and KRW 170,424,00 against the Plaintiff B, respectively.
Reasons
1. Basic facts
A. On July 14, 2015, Plaintiff B and Nonparty D jointly purchased the first floor F from the Defendant’s purchase price of KRW 1,704,240,000 among the Gangseo-gu Seoul E commercial buildings, and Plaintiff B acquired the status of the buyer of Plaintiff B. (2) On March 19, 2016, Plaintiff A sold the second floor G among the same commercial buildings in KRW 704,840,000.
3) At the time of the conclusion of each contract for the sale in lots, the Defendant written and delivered to D a written promise stating that “I will, upon entering into the contract for the sale in lots of the relevant commercial building, promise that I will later enter into the contract at a rate of at least five percent per annum, and upon entering into the contract for the sale in lots of the relevant commercial building, I will undertake at least five percent per annum only for the initial lease contract.” 4) Plaintiff A paid the balance of each sale in lots on November 28, 2017, and Plaintiff B paid the balance on December 6, 2017, and completed the registration of ownership transfer of each of the relevant commercial buildings.
B. Around October 31, 2018, the Defendant proposed that a direct lease contract should be concluded with the Defendant for two years based on the deposit and monthly rent that guarantees the same return on the basis of each commitment to the Plaintiffs. (ii) However, the Plaintiffs did not accept the Defendant’s proposal, and each commercial building owned by the Plaintiffs was not concluded until the closing of argument in the instant case.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 6-1, 2-2, the purport of the whole pleadings
2. Determination as to the claim for damages due to nonperformance of obligation
A. According to the contents of each commitment prior to the occurrence of liability for damages, prior to the occurrence of the damages liability, the Defendant is obligated to enter into a lease agreement with which the Plaintiffs can obtain rental profit equivalent to 5% of the leased profit for the commercial buildings sold to them.
That is the case.