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1. The defendant is paid KRW 338,400,00 from B (C) and D (E) and in exchange for the payment of KRW 338,40,00,000 to B, both of which will remain F.
Reasons
1. Facts of recognition;
A. On March 28, 2011, the Defendant entered into a sales contract with KRW 3,027,024,000 for the sales price (hereinafter “instant real estate”) as KRW 1,663.2m2m2 (hereinafter “instant real estate”). The main contents of the instant sales contract are as follows.
Paragraph 1 of Article 2:In the event that the purchaser fails to pay the purchase price (referring to the principal and interest to be paid and the interest to be paid, including the settlement money), the delay damages calculated by applying the delayed interest rate to the unpaid amount shall be paid to the seller, and the delay period shall be calculated from the day after the date when
Article 2 (2) : The buyer may increase or decrease the applicable interest rate under paragraph (1) according to a change in economic conditions, such as a change in the market interest rate, and shall notify the seller in advance. In such cases, the delay damages shall be calculated on the basis of the changed rate based on the changed rate.
Article 6 (1) : A seller shall transfer the ownership of the land after the buyer paid the purchase price (including settlement money) in full: Provided, That where the land is supplied before completion of the development project, the seller shall transfer the ownership after completion of the development project, completion of the land register, and completion of the reorganization project, but in this case, the seller shall faithfully implement the completion of the development project, the land register, and the reorganization procedure
B. The date of payment under the sales contract of this case is as follows.
The aggregate of the 7th installment savings in the 7th installment savings in the 4th installment savings in the 3th installment of the 3th installment contract deposit, and the 8th installment savings in the 4th installment of the 4th installment savings in the 4th installment, respectively, on March 28, 2011.