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1. Defendant F’s KRW 56,250,00 for the Plaintiffs and 5% per annum from June 8, 2016 to August 22, 2016.
Reasons
1. Facts of recognition;
A. The Seoul Jung-gu G Land and Building (hereinafter “instant real estate”) owns 3/16 shares by Defendant F, Defendant E 2/16, and H (the mother of Defendant E) 11/16 shares.
(The defendants are the relationship between the two or more defendants). (b)
H had no mental capacity as dementia patients. The Defendants decided to sell the entire real estate of this case to the Plaintiffs, and Defendant E issued a certificate of his personal seal impression and H’s personal seal impression at will, and issued it to Defendant F.
C. On March 14, 2016, Defendant F entered into a sales contract with the Plaintiffs on the instant real estate, as follows, and thereafter, Defendant E and H issued a letter of delegation and a certificate of personal seal impression to the Plaintiffs. The Plaintiffs remitted KRW 200 million to Defendant F account.
The purchase price: 2,040,000 won of down payment of KRW 200 million, the intermediate payment of KRW 300 million ( May 31, 2016), and the remainder of KRW 1,540,000 (in cases of nonperformance of obligations and damages) and the seller or buyer of Article 6 (In cases of nonperformance of obligations and damages) of the Agreement, the other party may cancel the contract by giving written peremptory notice to the person who has defaulted and the other party may cancel the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
[Matters] Of the down payment, KRW 20 million out of the down payment shall be remitted when a joint owner H and E’s power of attorney is attached to the contract.
However, on May 31, 2016, Defendant F, the intermediate payment date, refused to receive KRW 300 million in part payments, while Defendant F, who would not sell real estate, and the Plaintiffs deposited KRW 300 million in part payments over the two days on June 8, 2016 and June 9, 2016.
(C) A real estate ownership share of KRW 206,250,000, Defendant F deposited KRW 56,250,000, and KRW 37,500,000 to Defendant E.).
Since then, Defendant E issued a certificate of personal seal impression to the Plaintiffs on June 8, 2016 and July 8, 2016.