beta
Text
The Defendants jointly share KRW 29,06,000 with the Plaintiff and KRW 12% per annum from June 27, 2020 to the date of full payment.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executor who newly constructed and sold the instant building D (hereinafter “instant building”), and Defendant B Co., Ltd. (hereinafter “Defendant E”) is a trustee who entered into a management-type land trust agreement with Defendant C with regard to the instant building.
B. On January 29, 2018, the Plaintiff entered into a contract with the Defendants to sell the instant building F (hereinafter “instant commercial building”) in the form of KRW 290,660,00 (including value-added tax; hereinafter the same shall apply) (hereinafter “instant sales contract”) and paid KRW 116,264,30,000 in total as down payment and KRW 145,30,000 on four occasions, respectively.
At the time of the contract for the remaining payment of the intermediate payment of the intermediate payment of the divided down payment of the first 2nd 4th 2nd 2018/05/20 2018/209/20 2019/2020 29,066,000 29,0666,000 29,0666,066,000 29,066,000 29,066,000 29,066,000 29,066,330,000 145,30,000 1430,000 29,000 (the Plaintiff)(2) of this contract may be rescinded in the following cases:
(3) Where the defect in the object of sale in lots has a serious difficulty in repairing it to the extent that it is impossible to achieve the purpose of the contract. (4) Where the contents of the contract are remarkably different from those of the actual construction building through the advertisement for sale in lots, etc. and the extent that it is impossible to achieve the purpose of the contract, the contract is rescinded due to a significant difference between the contents of the contract and the actual construction building, A (Defendant B) and C (Defendant C) shall be paid 10 percent of the total supply price as penalty.
C. The exclusive use area of the instant shopping mall is 39.92 square meters (around 12 square meters). The inside of the instant shopping mall is 100 cm away from the entrance and the wall of 132 cm away from the entrance and the wall of 132 cm away from the entrance, and each of 69 cm square columns (hereinafter “instant columns”).