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1. The defendant against the plaintiffs
(a) As regards 1,050,000 won and 210,000,000 won among them, from March 11, 2017;
Reasons
1. Facts of recognition;
A. On March 10, 2017, the Plaintiffs and the Defendant concluded a sales contract with the Seongbuk-gu Seoul Metropolitan Government Daehan 651.1 square meter and its ground buildings (hereinafter “instant real estate”). The Plaintiffs’ down payment of KRW 420 million on the date of the contract, the intermediate payment of KRW 1.68 billion on April 11, 2017, and the remainder of KRW 2.1 billion on August 10, 2017, respectively. At the same time, the Defendant received the balance of the purchase price from the Plaintiffs, and at the same time, concluded a sales contract with the Plaintiffs to deliver documents necessary for the registration of transfer of ownership and to cooperate with the transfer and deliver the instant real estate (hereinafter “instant sales contract”).
Article 6 of the instant sales contract provides that “When a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing the person who has defaulted, and the other party may rescind the contract. In addition, the other party may claim damages arising from the rescission of the contract respectively to the other party, and the contract deposit shall be deemed as the basis for compensation
B. On March 10, 2017, the Plaintiffs paid the Defendant a down payment of KRW 420 million, and KRW 840 million, among intermediate payments, KRW 840 million on April 14, 2017, and KRW 840 million on April 18, 201, respectively.
C. From July 13, 2009, E is a move-in report for the instant real estate as a resident from February 27, 2001 to the end of each of the arguments in this case.
On September 15, 2017, the Plaintiffs deposited KRW 2.1 billion in a bank. As such, the Plaintiffs are urged to withdraw E, F, and G, etc. residing in the instant real estate within 10 days from the date of receipt of the notice and deliver the instant real estate and receive the balance. If the Defendant fails to perform his/her obligations within the said period, the Plaintiffs notified the seller of the cancellation of the instant sales contract immediately without notifying the termination of the contract.”