beta
Text
1. The defendant's KRW 40,950,00 for each of the plaintiffs and 5% per annum from April 28, 2017 to December 20, 2018.
Reasons
1. Basic facts
A. On April 26, 2017, the Plaintiffs entered into a contract with the Defendant to purchase KRW 1.365 million (hereinafter “instant sales contract”). According to the instant sales contract, KRW 5 million for the first intermediate payment of KRW 130 million on the contractual day, and KRW 1.15 million for the second intermediate payment of KRW 1.1 billion on July 27, 2017, respectively, and KRW 1.1285 million for the remainder payment of KRW 1.1 billion on August 24, 2017, respectively, and the contracting party may claim damages arising from the termination of the contract and may claim damages to the other party, unless otherwise agreed.
(Article 6). (b)
The Plaintiffs paid KRW 5 million per contract to the Defendant, and KRW 131.5 million on April 27, 2017, respectively.
C. On July 26, 2017, the Plaintiffs notified the Defendant of the cancellation of the instant sales contract on the grounds that there was any defect, such as the number of real estates in the instant real estate by content-certified mail, and that the Defendant would return KRW 136.5 million to the Defendant.
Accordingly, on August 1, 2017, the Defendant notified the Plaintiffs by content-certified mail that KRW 100 million should be paid for the second intermediate payment by August 15, 2017, and notified the Plaintiffs that the instant sales contract would be rescinded if it is not paid by August 15, 2017.
E. The Plaintiffs did not pay KRW 100 million to the Defendant by August 15, 2017.
F. The Defendant sold the instant real estate to E and F on September 11, 2017 and completed the registration of ownership transfer on December 26 of the same year.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 12, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The gist of the plaintiffs' assertion ① Although leakages occurred in Ghoho Lake, Hho Lake, rooftop, roof tower, etc. among the instant real estate at the time of the instant sales contract, the defendant is against the plaintiffs.