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(영문) 의정부지방법원고양지원 2017.09.20 2016가단10684
위약금 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are co-executions of the “Saundong-gu Busan Metropolitan City C Apartment”.

B. On November 22, 2008, the Plaintiffs concluded a sales contract with the Defendants at KRW 696,60,000, down payment of KRW 34,830,000, intermediate payment of KRW 417,960,00,00, and the remainder of KRW 243,810,000 (hereinafter “instant sales contract”).

C. The Defendants paid down payment to the Plaintiffs pursuant to the instant sales contract, and thereafter borrowed total of KRW 417,960,000 over six times from financial institutions that concluded an agreement on the part payment loan with the Plaintiffs, and paid them as part payments.

The Plaintiffs set the occupancy designation period from October 31, 2010 to December 31, 2010, and notified the Defendants thereof. The Defendants did not enter the instant apartment without paying any balance under the instant sales contract.

E. On May 6, 2011, the Plaintiffs sent the balance payment notice to Defendant A by content-certified mail, demanding payment of the balance by May 20, 2011. The said peremptory notice was served to Defendant A around that time.

F. Nevertheless, the Defendants did not pay any balance. On May 22, 2013, the Plaintiffs sent a notice of cancellation of the instant sales contract to the Defendants by mail, which notified the Defendants of the cancellation of the instant sales contract, and the said notice was served to the Defendants around that time.

G. After doing so, the Defendants concluded a public sale contract with the Mugunghwa Trust Co., Ltd. on July 30, 2013, stipulating the price of the instant apartment as KRW 522,450,000 (hereinafter “instant public sale contract”) on the basis of the arrangement of the sales contract, etc. of the said C apartment.

F. Before entering into the instant public auction contract, F, an employee of the Plaintiffs, explained the instant public auction contract to the Defendants.

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