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1. The Defendant: (a) from November 10, 2017 to March 29, 2018, the Plaintiff Company: (b) KRW 295,00,000 to Plaintiff A; and (c) KRW 260,000 to each said money to PlaintiffB.
Reasons
Basic Facts
The Plaintiffs concluded a contract with the Defendant to purchase each of the instant housing units (hereinafter referred to as “each of the instant housing units”) as listed below (hereinafter referred to as “each of the instant sales contracts”) from the Defendant who intended to newly construct and sell D in the Asia-si C Group, and paid part of the price to the Defendant.
On February 20, 2017, Plaintiff A, on February 20, 2017, paid the down payment (payment date) of the intermediate payment (payment date of the down payment on the date of concluding the contract for the intermediate payment (payment date) KRW 110,000,000 for the provisional installment ( KRW 130,000,000 for KRW 130,000 ( February 20, 2017) (Article 30, March 30, 2017), Plaintiff B, as of January 12, 2017, the scheduled date of the instant parcelling-out contract for the remainder payment of KRW 8,520,000,000 for KRW 108,00,000 for each of the reasons attributable to the Defendant’s each of the instant scheduled date of move-out (Article 107, May 4, 2017), and the Plaintiffs, as of March 17, 2017, determined the remainder payment date.
(Article 2(2). On the other hand, each contract for the sale of this case stipulated that "the remaining amount shall be paid after the completion of siren" as a special agreement.
The Plaintiffs notified the purport that each of the instant sales contracts should be cancelled pursuant to Article 2(2) of the instant sales contract on the grounds that the new construction project was unable to move into within three months from the scheduled date of occupancy due to the progress of the new construction project through the instant complaint, and the duplicate of the complaint was served on the Defendant on November 9, 2017.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply), judgment on the claim for determination of restitution of the purport of whole pleadings, and the scheduled date of occupancy in each of the sales contracts in this case is scheduled / July 2017.