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1. The Plaintiff:
A. As to Defendant C’s KRW 70,787,194 and KRW 52,300,00 among them, Defendant C shall be from February 24, 2016, and KRW 18,487.
Reasons
1. Basic facts
A. The status of the parties A Co., Ltd. (H Co., Ltd.) was the starting construction of the Ulsan-gu I apartment (hereinafter “instant apartment”). On August 7, 2014, the Plaintiff was declared bankrupt and was appointed as the trustee in bankruptcy.
(hereinafter referred to as “A” and the Plaintiff are collectively referred to as “Plaintiff.” The Defendants are the buyers who entered into an apartment supply contract with J Co., Ltd. (hereinafter referred to as “J”), the executor of the instant apartment building construction project, or those who take over the status of the purchaser under the said supply contract.
B. The J concluded each of the instant supply contracts with the Defendant and other buyers entered into a supply contract with respect to the instant apartment (hereinafter “each of the instant supply contracts”), and the said buyers paid KRW 20 million as the first down payment at the time of entering into the contract, respectively.
After October 6, 2008, K transferred the status of purchaser under the above supply contract to Defendant E.
(2) On January 15, 2007, the buyer's contract date supply amount of Lhoh 723,000,000,000 non-party K on September 15, 2006, and 584,000,000 defendant F.O. 587,000,000 on December 21, 2006, the buyer's contract date supply amount of Lhoh 723,000,000 on November 15, 2006, the buyer's contract date of this case was concluded, and the owner is deemed to be the defendant E.). The main contents of each supply contract of this case related to this case are as follows:
Article 2 (Cancellation of Contracts) (1) In cases where a buyer has committed any of the following acts, the seller may cancel this contract after peremptory notice, if no performance is made:
2. When the contract is terminated for reasons falling under Articles 3 (1) 1 through 3 and 2 (2) when the balance is not paid within three months from the expiration date of the designation period for moving-in, the buyer shall pay 10% of the total amount supplied to the seller as penalty.
(3) In cases falling under paragraph (1), a seller shall.