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1. The Defendants: (a) KRW 41,055,400 to each Plaintiff; and (b) Defendant Diplomatic Association from December 27, 2016 to May 31, 2018.
Reasons
1. Basic facts
A. (1) On September 8, 2015, the Plaintiff entered into a sales contract for real estate (a) with a view to purchasing at KRW 1,362,50,000 (hereinafter “instant real estate”) the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant Ahye (hereinafter “Defendant Ahye”) as Defendant B’s representative; and the down payment amount of KRW 237,50,000 is KRW 1,125,00,000 on the date of the contract; and subsequently, on September 3, 2015, the Plaintiff transferred the down payment of KRW 237,50,000 to the Defendant church as account transfer on September 8, 2015.
(2) On April 11, 2016, the Plaintiff entered into a real estate sales contract (this contract) with the Defendant church with a view to concluding this contract under the said provisional contract. On April 11, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with a view to setting the sales amount of KRW 1,362,50,000 with respect to the instant real estate, and KRW 237,50,000 in lieu of a contract deposit (contract deposit) with a contract deposit, and the remainder of KRW 1,125,00,000 is paid by June 3, 2016 (hereinafter “instant sales contract”).
The provisions relating to the instant contract relating to the instant case are as follows.
(2) In the event that a buyer cancels this contract due to the buyer’s failure to perform this contract, the seller shall not acquire and return the deposit. (3) In the event that the buyer cancels this contract due to the seller’s failure to perform this contract, the seller shall return the deposit received to the buyer and pay the same amount of the deposit and the same amount of the penalty as the penalty.
3. If a seller or a purchaser has suffered any loss due to the other party's non-performance of obligation, he may claim damages from the other party, separately from the penalty under the preceding paragraph.
C. On April 28, 2016, the Plaintiff, including the instant real estate from the Jeonju market, is about the land outside C and 40 parcels in Jeonsan-gu, Jeonju-si.