1. The Defendant shall pay the Plaintiffs KRW 100,000,000 and the interest rate of KRW 15% per annum from September 8, 2016 to the date of full payment.

Basic Facts

A. On September 28, 2006, the Defendant sold to the Plaintiffs the right to sell the E Apartment 506 Dong 2503, 2500,000, which is scheduled to be newly constructed in Seongbuk-si, for the purchase price of KRW 250,000,00, and received 100,000,000 from the Plaintiffs as the down payment, and made and issued a receipt to the Plaintiffs that the said right to sell was to be changed in the name by December 31, 2006.

B. The Defendant received the down payment of KRW 100,000,000 from the Plaintiffs, and then changed the subject matter of sale with the Plaintiffs from the sale right of the above E apartment 506 dong 2503 dong 2503 dong 1306 dong 2503 (hereinafter “instant apartment”).

C. Until December 31, 2006, the name of the buyer of the instant apartment sales right was not changed to the Plaintiffs, and on August 6, 2010, the registration of transfer of the ownership in G was made with respect to the instant apartment.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings, as seen earlier, the defendant is obligated to change the name of the purchaser of the apartment of this case to the plaintiffs according to the sales contract for the right to sell the apartment of this case. The apartment ownership of this case was transferred to G, and thus the defendant's obligation under the above contract becomes impossible.

For this reason, since the plaintiffs legally rescinded the above sales contract by the lawsuit of this case, the defendant is obligated to pay to the plaintiffs 1,00,000,000 won received from the plaintiffs due to restitution following the rescission of the contract and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 8, 2016 to the date of full payment, as requested by the plaintiffs, on the record that it is clear that the original copy of the payment order of this case was served to the defendant

As to this, the defendant was prepared and delivered the above receipt to the plaintiffs, but the defendant was paid the down payment of the actual purchase price from the plaintiffs.