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1. Appointed D shall be 40,000,000 won to the Plaintiffs and 15% per annum from January 20, 2016 to the date of D payment.
Reasons
1. Facts of recognition;
A. On September 14, 2015, the Plaintiffs concluded a sales contract with the selector to purchase 1,463 square meters out of 198,00,000 square meters of 6,168 square meters in Busan-gun, Busan-gun, Busan-gun, before dividing the amount into KRW 198,00,00 (hereinafter “instant sales contract”).
B. At the time of the instant sales contract, the Plaintiffs paid 20,000,000 won as down payment to the Defendant, an agent of the designated parties, and agreed to pay the designated parties the balance of KRW 178,00,000 until October 30, 2015. In addition, according to a special agreement, the Plaintiffs paid the remainder after dividing the purchase portion of the Plaintiffs’ purchase from the land before the said division.
C. In addition, at the time of the instant sales contract, the Plaintiffs and the designated parties agreed to cancel the contract and claim damages arising from the rescission of the contract, and to regard the contract deposit as the basis for the said damages (hereinafter “instant damages agreement”).
After October 31, 2015, the Selectioner was unable to complete the subdivision of the land before the said subdivision, and the Plaintiffs did not pay any balance to the Selectioner.
E. On November 2, 2015, the Defendant and the designated parties paid the remainder to the Plaintiffs by November 10, 2015, and notified the Plaintiffs to transfer their ownership to the purchase portion of the land before the said partition. On November 4, 2015, the Plaintiffs issued a peremptory notice to the Defendants on November 25, 2015 to perform the cancellation of the right to collateral security established thereon after completing the division of the part of the land purchased by the Plaintiffs by November 25, 2015.
F. On November 3, 2015, on November 10, 2015, the selector filed an application for land transaction report or land division with the office of the office of the plane captain on November 10, 2015, and notified the Plaintiffs to transfer the ownership of the purchase portion of the land before the said division by paying any balance. The Plaintiffs purchased the Plaintiffs until November 25, 2015 from the selector on November 25, 2015.