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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 394,00,000 and the interest rate thereon from August 9, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 29, 2016, the Plaintiff entered into a contract with the Defendants to sell a total of ten parcels of land (hereinafter “instant land”) and a building on the ground, including 168 square meters owned by the Defendants, to the Defendants in total, KRW 2.66 billion.
(hereinafter “instant sales contract”). Defendant B affixed a copy of the resident registration certificate to the sales contract prepared at the time.
The main contents of the instant sales contract are as follows.
Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:
- - Payment of down payment 266,000,000 won on September 29, 2016 - Payment of intermediate payment 2,000,000,000 won on October 6, 2016 - Delivery of the said real estate by the purchaser of KRW 394,00,000 on October 6, 2016 immediately upon receipt of the construction permit completion certificate shall be delivery of the said real estate on October 6, 2016.
Article 5 The seller shall deliver documents necessary for the registration of transfer of ownership to the purchaser when he/she receives any balance, and shall cooperate in the registration of transfer.
Matters of special agreement
2. A seller shall prepare and provide a certificate of his/her seal impression attached to a written consent to land use necessary when applying for authorization or permission for development activities to be executed by a purchaser and construction activities.
3. The buyer shall pay the down payment on the date of the contract, and the intermediate payment shall be paid directly at the bank’s account with the loan from the bank, and the remainder shall be paid within one week after the buyer completed the authorization and permission for the construction, and if the buyer is unable to pay the remainder on the land owned by the G except Hong-gun F and four other lots contractor, the remainder amount shall be set up with the maximum debt amount.
4.The seller shall promptly pay any balance to a person designated by the buyer and shall complete the documents required for the registration of ownership transfer (or shall grant such documents to any third person other than the contractor).
On September 30, 2016, the Plaintiff received down payment of KRW 2666 million.
On October 6, 2016, the Plaintiff: (a) Defendant C’s association (hereinafter “H association”).