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1. The Plaintiff, Defendant Co., Ltd., with respect to the amount of KRW 270,00,000, and the amount of KRW 24,018.
Reasons
1. Facts of recognition;
A. On May 30, 2017, the Plaintiff entered into a contract with the Defendant ABcare Co., Ltd. (hereinafter “Defendant ABcare”) with the Plaintiff to purchase the housing site area of 495.87 square meters, which is scheduled to be completed as of September 30, 2017, and the housing site area of 247.93 square meters, “D-18 square meters” (hereinafter “real estate 1 of this case”) with the sale price of KRW 520 million (a contract amount of KRW 100 million in the intermediate payment of KRW 750 million in the remainder of KRW 350 million in the remainder of KRW 10 million in the contract amount).
(hereinafter “instant sales contract”). The Plaintiff paid KRW 100,000,000 from May 30, 2017 to June 30, 2017 the down payment and intermediate payment to Defendant Ehyhyh (hereinafter referred to as Defendant Ehyhyh) in accordance with the said sales contract.
B. On May 30, 2017, the Plaintiff entered into a contract with Defendant B, on August 31, 2017, to sell a unit price of KRW 510 million (the intermediate payment of KRW 10 million, the remainder of KRW 60 million, KRW 350 million, and KRW 300 million,00,000,000,000) to a single house of KRW 347.11 square meters of the site area to be completed as of August 31, 2017, and a single house of KRW 247.93 square meters of the supplied area of KRW 247.93 square meters (hereinafter “instant immovable property”).
(2) The Plaintiff paid KRW 100,000,000 to Defendant B, from May 30, 2017 to June 30, 2017, pursuant to the said sales contract, the Plaintiff paid KRW 100,000 as the down payment and the intermediate payment to Defendant B.
C. The Plaintiff and the Defendants agreed on Article 2(2) of the instant sales contract that “if the Plaintiff is unable to move into within two months from the scheduled date of occupancy due to a cause attributable to the Defendants, this contract may be rescinded.” In the event that each of the instant sales contract was cancelled for the foregoing reason, the Defendants agreed to pay the Plaintiff the amount of the down payment.
The Defendants shall enter into each of the instant sales contracts at the time of conclusion.