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1. The Defendants jointly share KRW 10,000,000 with respect thereto to the Plaintiff and the period from July 3, 2018 to December 7, 2018.
Reasons
1. Facts of recognition;
A. (1) On March 3, 2018, the Plaintiff between the Defendants and the Defendants, as well as multi-household detached houses (hereinafter “instant building”) on the Yongsan-gu Seoul Metropolitan Government 203.8 square meters and its ground.
A) The sales contract to sell the purchase price of KRW 1.2 billion (hereinafter “instant sales contract”) is deemed to have been concluded.
(2) Upon entering into a contract, the Plaintiff agreed to pay KRW 40 million in the remainder of the contract upon entering into a contract under Paragraph (6) of the special terms and conditions. Article 5 of the terms and conditions of the instant sales contract provides that the seller may pay the intermediate payment to the seller before the buyer pays the intermediate payment to the seller, and the buyer may waive the contract. Article 6 provides that the buyer may give written notice to the person who has failed to perform the contract and cancel the contract if the seller or the buyer fails to fulfill the terms and conditions of the contract. In addition, the contractual party may claim damages arising from the cancellation of the contract, and the Plaintiff shall be deemed as the basis for compensation for damages, unless otherwise agreed.
B. On March 20, 2018, the Defendants sent to the Plaintiff a certificate of content that the Defendants renounced the said KRW 40 million that was already paid pursuant to Article 565(1) of the Civil Act and Article 5 of the terms and conditions of the instant sales contract and rescinded the instant sales contract.
C. On April 19, 2018, the Plaintiff issued a peremptory notice to the Defendants that “if the Plaintiff wishes to cancel the instant sales contract, the Plaintiff would first pay the remainder down payment of KRW 60 million, and the Plaintiff would pay the remainder down payment of KRW 60 million and the intermediate payment of KRW 200 million by April 16, 2018.”