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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant: (a) newly constructed a building “E” (hereinafter “E”) on the parcel outside the D and one parcel in Seopopoposi, and promoted the business of selling the building to each guest room.
B. On April 8, 2016, Plaintiff A entered into a sales contract with the Defendant for the instant hotel F at KRW 177,170,000 for the total supply amount (hereinafter “first contract”); on April 19, 2016, Plaintiff B entered into a sales contract for the instant hotel G with the Defendant and the instant hotel G at KRW 177,170,000 for the total supply amount (hereinafter “second contract”).
(hereinafter referred to as “A” and “B” respectively are the date of approval for the use of the contract (hereinafter referred to as “A” and “B” respectively): Article 2 (Cancellation of Contract) of the Estimated August 2017 (referring to a later individual notification key if modified according to the process) (3) “B” may cancel this contract if it becomes impossible to complete the completion within three months from the date of completion of the project due to any cause attributable to “A”.
Article 3 (Penalty) (2) When this contract is terminated for reasons falling under Article 2 (3), "A" shall be paid to "B" 10% of the total amount of supply as penalty.
C. Each of the instant contracts includes the following:
Pursuant to each of the instant contracts, Plaintiff A paid KRW 124,018,00 in total, and Plaintiff B paid KRW 106,301,00 in total, from down payment to the fourth intermediate payment, respectively.
E. The Defendant did not complete the instant hotel until August 31, 2017, and obtained approval for the use of the instant hotel from the Seopo City on July 3, 2018.
F. On July 3, 2018, Plaintiff A sent to the Defendant a content-certified mail stating that “the completion of the hotel of this case has not yet been completed, contrary to the terms of the contract,” but the said mail is missing.