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1. The Defendants shall pay to each of the Plaintiff KRW 358,339,177 and KRW 248,00,000 among them, with full payment from May 1, 2016.
Reasons
1. Basic facts
A. On October 24, 2014, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the content that the Plaintiff sells KRW 1.1 billion in the purchase price to E of F forest land 2,483 square meters in Kimhae-si (hereinafter “1”) and G forest land 1,028 square meters (hereinafter “2 land”).
In the instant sales contract, on March 24, 2015, the sales contract set the remainder payment date as the remainder payment date, and E agreed to pay damages for delay at an interest rate of 30% per annum to the Plaintiff in the event of default.
The Plaintiff received the down payment of KRW 110 million from E in accordance with the instant sales contract on the same day, and delivered the land No. 1 and 2 to E.
B. Although E constructed a building on the ground of land No. 1 and completed on May 11, 2015, it did not pay the remainder to the Plaintiff by the remaining payment date.
C. On June 17, 2015, the Plaintiff agreed with Defendant B to succeed to the status of purchaser E under the instant sales contract, and prepared the following agreement (hereinafter “instant agreement”), and Defendant C and D guaranteed the obligation under the instant agreement to the Plaintiff.
2. A total of KRW 1.1 billion in the purchase price of two parcels of land is divided into ① 85,2 million in the purchase price of KRW 751 on land (i.e., KRW 751 square x KRW 1 square x KRW 134,450) and ② KRW 248,000 in the purchase price of KRW 310 on land 2 (i.e., KRW 310 square x 800,000 in each parcel of land).
6. The seller (Plaintiff) shall obtain permission for development activities for the land No. 2 from the buyer (Defendant B) and, if the seller obtains permission for development activities for the said land and then notifies the buyer thereof, the buyer shall pay KRW 248,000,000,000 to the buyer within 15 days from the date of receipt of notice of the permission, “F land” (this part is a clerical error in the “G land”, which is the second land). If the buyer is notified of the permission for development activities from the seller, the buyer does not perform the obligation