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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,000,000 and the interest rate thereon from May 31, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On November 19, 2015, the Plaintiff entered into a sales contract with the Defendants for the purchase of KRW 195,000,000 (the contract amount of KRW 20,000,000 for the remainder of KRW 175,000,000 for the contract and the remainder of KRW 175,000 for the contract amount of KRW 175,000,000). On the same day, the Plaintiff paid the Defendants the down payment of KRW 20,000 on the same day.
The contents of the instant sales contract are as follows.
Article 4 (Cancellation of Contracts) (3) "B" (Plaintiff, hereinafter the same shall apply)
) “A” (the defendants, hereinafter the same shall apply)
(iii) if it is not possible to move into within three months from the scheduled date of occupancy due to any cause attributable to it, this contract may be rescinded except in the case of section 7(5).
(ii) When this contract is terminated for reasons falling under Article 5 (Penalty)(2)(3), “A” shall pay “B” 10% of the total amount of the supply price as penalty.
B. However, on December 22, 2015, prior to the remainder payment date, the registration of provisional seizure in the name of SB Savings Bank (hereinafter “instant provisional seizure registration”) was completed with respect to the shares of Defendant B among the instant apartment units, and the Plaintiff and the Defendants agreed on January 29, 2016 as follows (hereinafter “instant agreement”).
1. The buyer and the seller entered into the instant sales contract on November 19, 2015, and the buyer paid KRW 20 million as the down payment. Under the present condition, the seller consents to the prior occupancy by the buyer. 2. The provisional seizure of equity in the instant apartment is within eight months, and the buyer pays the remainder of KRW 175,00,000 within two months after the provisional seizure is terminated.
C. On February 3, 2016, without paying any balance under the instant agreement, the Plaintiff first occupied the instant apartment. D.
The Defendants are only eight months after the agreement of this case.