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1. Upon the claim that the court changed the exchange in this court, the defendant shall pay 86,800,000 won to the plaintiff and this.
Reasons
1. Facts of recognition;
A. The Plaintiff is an executor who sold the Guro-gu Seoul Metropolitan Government D Urban Residential Housing, and the Defendant is the seller of the sales contract, and C is the lessee who concluded a lease contract with the Defendant.
B. 1) The Plaintiff entered into a sales contract between the Plaintiff and the Defendant on December 8, 2014, as indicated in the separate sheet (hereinafter “instant house”) with the Defendant on December 8, 2014.
(2) The sales contract of this case is to sell and supply the sales price in KRW 182 million (hereinafter “instant sales contract”).
(2) In concluding the instant sales contract, the Defendant agreed to pay KRW 18.2 million to the Plaintiff each of the KRW 18.2 million, the intermediate payment of KRW 18.2 million on January 15, 2015; the intermediate payment of KRW 18.2 million on April 15, 2015; the intermediate payment of KRW 18.2 million on July 15, 2015; and the remainder of KRW 54.6 million on the date of designation of occupancy. 2) The Defendant paid the Plaintiff each of the intermediate payment of KRW 18.2 million on December 8, 2014; and the intermediate payment of KRW 18.2 million on April 23, 2015, respectively, pursuant to the instant sales contract.
3) Article 11(1) of the instant sales contract provides that “If a sales contract is cancelled on the grounds that a purchaser did not pay any balance within three months from the agreed date, 10% of the total amount of the supply price shall be reverted to the Plaintiff, a seller, as a penalty.” (C) On January 1, 2016, the Defendant concluded a lease contract with the Defendant to lease the instant house with C as a deposit amount of KRW 165 million and the lease period of KRW 24 months (from January 29, 2016 to January 28, 2018).
(2) According to the instant lease agreement (hereinafter “instant lease agreement”), C paid each of the Defendant a down payment of KRW 16.5 million upon entering into a contract, KRW 62.5 million on January 29, 2016, and KRW 86 million on February 5, 2016. However, C agreed to move in at the time of the payment of the intermediate payment, and KRW 16.5 million on January 1, 2016, and KRW 6.5 million on January 29, 2016, respectively.
The house of this case was completed since 1, such as the occupancy of C's line, and the plaintiff.