1.The part of the judgment of the court of first instance against the principal claim shall be modified as follows:

The Defendants are jointly and severally.

1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The summary of the plaintiffs' assertion was that Defendant C sold the apartment of this case to the plaintiffs as Defendant D's agent with respect to the 1/2 share among the apartment of this case, and with respect to the remaining 1/2 share, the sales contract of this case was effective.

At the time of the conclusion of the instant sales contract, the Plaintiffs entered into an agreement with the Defendants for penalty under Article 6 of the sales contract.

However, the Defendants asserted the invalidity or cancellation of the instant contract, and they were unable to perform the registration of ownership transfer with respect to the Plaintiffs by transferring the instant apartment to a third party and transferring the instant apartment to a third party.

Ultimately, the Plaintiffs rescinded the instant sales contract due to the Defendants’ non-performance or non-performance impossibility, by serving a duplicate of the complaint of this case.

The total amount of damages under the penalty agreement is KRW 60 million paid as the actual down payment.

The Plaintiffs seek to jointly pay the Defendants KRW 30 million each (1/2 of the total amount of damages).

B. One transaction as to whether the contract of this case was concluded between the parties for the formation of the contract takes effect when one of the parties agrees to transfer the property right to the other party and the other party agrees to pay the price. As such, the contract of this case is established by an agreement between the parties on the transfer of the property right by the seller and the payment of the price by the buyer. In such a case, the subject matter of sale and the price are not necessarily required to be specified at the time of the contract, and the method and criteria to specify it in detail thereafter.