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1. The Defendants jointly share the Plaintiff KRW 27 million with 5% per annum from December 7, 2016 to May 30, 2017.
Reasons
1. Facts of recognition;
A. On November 4, 2016, the Plaintiff: (a) purchased the instant land in KRW 270 million prior to I; (b) purchased the said land from the Defendants for the purpose of purchasing solar power facilities; (c) on November 4, 2016, the Plaintiff agreed to pay the Defendants a down payment of KRW 27 million on the day of the contract, KRW 27 million to the Defendants, and KRW 243 million, a balance of KRW 200 million on December 20, 2015, from the Kimcheon-si, Kimcheon-si, Kimcheon-si, a joint ownership of the said Defendants, KRW 1,015 square meters; (d) G 1,831 square meters; and (e) 2,195 square meters prior to H; and (e) 2,284 square meters prior to I. (hereinafter “instant land”).
The Plaintiff paid the Defendants the said down payment of KRW 27 million on the day of the contract.
B. In Article 5 (Cancellation of Contract) of the sales contract of this case, the Plaintiff and the Defendants stated, “In the event the seller or the purchaser fails to perform the terms and conditions of this contract, the seller shall reimburse the seller the amount of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and cancel this contract.” In Article 6 (Non-performance of Obligations and Compensation), the other party may demand in writing that the seller or the purchaser be notified of the non-performance and cancel the contract. The other party may claim damages arising from the termination of the contract, respectively, and the other party shall be deemed to be the basis for compensation for the down payment, unless otherwise agreed.”
C. In addition, the Plaintiff and the Defendants stated in paragraph (4) of the sales contract of this case that “this land is purchased for solar energy projects, and the seller shall actively cooperate in the project, such as the draft of the letter of consent, to the project.”
At the time of the conclusion of the instant sales contract, in order for the Plaintiff to carry out solar power generation projects in the instant land, the consent of the residents nearby the instant land was required.
E. A licensed real estate agent J who arranged the instant sales contract shall obtain the consent of the residents on November 9, 2016.