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1. The defendant,
A. As to Plaintiff A’s KRW 237,757,369 and KRW 97,230,00 among them, the amount of KRW 237,757,369 shall be from March 27, 2016; and KRW 32,410.
Reasons
1. Basic facts
A. The Defendant is an executor who newly constructs and sells “E hotel” in the size of 288 rooms on the ground and 10 stories on the ground located in Seopopo City D (hereinafter “instant hotel”). The Plaintiffs are married with each other, who purchased guest rooms of the instant hotel from the Defendant.
B. On March 26, 2016, Plaintiff A entered into an asset management consignment contract with the Defendant to receive 8% per annum on down payment and 7% per annum on sales price with the exception of value added tax, instead of entrusting the Defendant with the management of the sales price of KRW 159,600,000 and KRW 164,50,000 for each of the above-mentioned guest rooms, respectively.
C. On April 30, 2016, Plaintiff B became a party to the instant contract for sale in lots and the asset management consignment contract with Nonparty F and the Defendant for the six-story of the instant hotel, which entered into on January 30, 2016, by acquiring the status of the purchaser of the instant contract for sale in lots and the status of the asset management consignment contract for the six-story of the instant hotel, which entered into on January 30, 2016.
The main contents of each sales contract for the hotel of this case concluded between the plaintiffs and the defendant (hereinafter referred to as the "sale contract of this case") are as follows:
(hereinafter referred to as “A” and “B” mean each of the plaintiffs). The scheduled date of occupancy: during October 2017 (the scheduled date of occupancy may be changed according to the process, and the accurate date of occupancy may be notified thereafter), Article 11(3) “B” may cancel this contract for any of the following reasons:
1. Where he/she himself/herself, due to his/her own circumstances: Provided, That where "A" is recognized after he/she has paid part payments at one time;
2. Where "A" has received a corrective order issued by the permitting authority pursuant to Article 9 of the Act: Provided, That the corrective order shall be publicly announced pursuant to Article 9 of the Act on Sale of Buildings and measures shall be taken within two months from the date of public announcement;