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1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff), and the Defendant (Counterclaim Plaintiff) KRW 19,247,625, and the Defendant (Counterclaim Plaintiff) KRW 30,539,69.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On July 6, 2009, the Plaintiff entered into a contract for the sale of basic facts, and the Plaintiff succeeded to, to E on July 6, 2009, an apartment sale contract with Kimpo-si (hereinafter “instant apartment”) of KRW 112,60,00 for purchase price of KRW 412,60,00 for KRW 113 Dong 1602 for Defendant B on February 3, 2010 for KRW 508,290,000 for an apartment of KRW 113 Dong 1802 for KRW 413,140,000 for an apartment of KRW 1802 for the same apartment of KRW 104 Dong 1803,00 for KRW 1903 for the same apartment of KRW 412,660,000 for each of the contracts (hereinafter “instant sale contract”).
Defendant A succeeded to the rights and obligations under each sales contract from October 26, 2010, and from March 16, 2011, Defendant D succeeded to each sales contract from G.
(hereinafter referred to as “Defendant A”, and “Defendant D”, respectively. The contract deposit and intermediate payment of the instant sales contract, the date of the payment agreement and the agreed amount are as indicated in the separate sheet of sales price in attached Form, and the other major contents are as follows.
Article 2 (Cancellation and Termination of Contracts) (1) The Plaintiff concluded a sales contract individually with the Defendants, but the terms and conditions of the sales contract are identical to those of the Defendants.
In the event that no performance has been made even after the peremptory notice for doing any of the following acts, this contract may be rescinded or terminated:
2. Where the remainder is not paid within three months from the agreed date. (4) If this contract is cancelled or terminated pursuant to paragraphs (1) and (2), the sale price that the Defendants already paid shall be appropriated in the order of penalty, arrears (including overdue interest), loans, etc.
Article 3 (Penalties) (1) Where this contract is terminated on the grounds falling under Article 2 (1) and (2), the Defendants shall compensate the Plaintiff for 10% of the total sale price as penalty.
Article 6 (Payment of Contract Deposit, Installment Payment and Balance) (2) Interest on the loans of the Defendants filed with financial institutions arranged by the Plaintiff.