1. The defendant

A. The Plaintiff A’s KRW 18,387,370 and its related costs from May 19, 2016, and KRW 16,052,110 to Plaintiff B.

1. Basic facts

A. The Plaintiffs concluded each of the instant sales contracts (hereinafter collectively referred to as “each of the instant sales contracts”) with respect to E and one parcel above (hereinafter referred to as “instant hotel”) at Seopopoposi, and paid KRW 18,387,370 as contract deposit, and KRW 16,052,110 as of the date of each contract as contract deposit.

Plaintiff A, on May 18, 2016, the contractual amount of the leased object on the date of concluding the contract, KRW 183,873,700, Plaintiff B, on April 18, 2016, the hotel H head of the instant hotel as of April 18, 2016.

B. Although the scheduled date of the instant sales contract was around March 2018, the hotel was completed on March 15, 2019.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence 2 and 3 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. Comprehensively taking into account the reasoning of Gap evidence Nos. 2 and No. 3-1 of each of the plaintiff's claims and the whole arguments, it can be acknowledged that "if the occupancy has been delayed for more than three months from the original scheduled date of occupancy due to the reasons attributable to the defendant, the plaintiffs may cancel each of the sales contracts of this case, and the defendant shall pay 10% of the total supplied amount to the plaintiffs as penalty," and the fact that the hotel completion was completed on March 15, 2019, which was delayed for more than one year from the scheduled date of occupancy specified in each of the sales contracts of this case.

According to the above facts, it is reasonable to view that each of the sales contracts of this case was lawfully rescinded due to the delay of the defendant's performance, unless there are special circumstances.

Therefore, the Defendant’s restitution to the Plaintiffs following the cancellation of the sales contract.