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Defendant D shall pay 10,00,000 won to the Plaintiff and 12% per annum from January 24, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. On July 6, 2018, the Plaintiff purchased the purchase price of KRW 305 square meters, F Return 2,625 square meters, and KRW 13 million,00,000,000,000,000 for Defendant B and Defendant B-Namnam-gun, Seoul-gun, Seoul-do, and KRW 10,300,000,000,000 for the remainder on the date of the contract, and paid the down payment of KRW 10,30,000,000 to Defendant B on the same day.
B. On July 6, 2018, the Plaintiff purchased the amount of KRW 2,483 square meters, H, 3250 square meters, from the purchase price of KRW 14,400,000,000,000,000,000,000 for Defendant C and the Jeonnam-gun, Jeonnam-gun, Seoul, Inc., which is owned by Defendant C., and concluded a sales contract with the terms that the down payment of KRW 10,483 square meters is to be made on the date of the contract, the remainder of KRW 93.6 million on the date of the contract, and paid the down payment to Defendant C by January 6, 2019, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1 to 4, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against Defendant B and C
A. The Plaintiff asserted that the Plaintiff concluded a real estate sales contract with Defendant B and C as above with the introduction of Defendant D for the operation of solar power generation projects, and paid the purchase price to Defendant B and C as above.
At the time of the above sales contract, Defendant B and C agreed to return all the down payment that the Plaintiff received from the Plaintiff when the Plaintiff was unable to obtain permission for development activities or is unable to conduct business in connection with solar power generation business. Although Defendant B and C promised to receive the consent of land use from the owner of land accessible to the road, they failed to implement the said promise, they decided to reverse the above sales contract with the Plaintiff and the Plaintiff, and agreed to return all the purchase price and fees received from the Plaintiff.
Therefore, Defendant B is obligated to refund the purchase price of KRW 10,30,000, and Defendant C is obligated to refund the purchase price of KRW 30,440,000 (=40,400,000), which was returned on November 13, 2019, and damages for delay.
(b).