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(영문) 춘천지방법원속초지원 2017.09.07 2016가합300468

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 22, 2013, the Plaintiff purchased, from the Defendant, the land (hereinafter “instant land”) and the two-story buildings on the land (hereinafter “instant land”) for KRW 700 million, the Plaintiff agreed to pay the remainder of KRW 50 million on the date of the contract, and to pay the remainder of KRW 650 million within two months from the date the Plaintiff received the construction permit.

B. In September 2014, the Plaintiff obtained a construction permit to build a building of the first and nine stories underground on the instant land (hereinafter “instant construction permit”), but did not pay any balance under the said construction permit. On April 22, 2016, the Defendant filed a lawsuit claiming damages against the Plaintiff (Sacheon District Court 2016Gahap30147).

C. On June 13, 2016, when the said lawsuit was pending, the Plaintiff entered into an agreement with the Defendant, Co., Ltd. (hereinafter “SPD”) as follows (Evidence A3; hereinafter “instant agreement”); and the Defendant withdrawn the said lawsuit against the Plaintiff on June 16, 2016 in accordance with the said agreement.

1. The Plaintiff shall implement the procedure for change of the name of the owner of the instant building permit by June 15, 2016 on the instant construction permit on the Posnbnb designated by the Defendant and the Defendant D.

2. C&D shall pay the Plaintiff KRW 20,000,000 to the Plaintiff within seven days from the date on which the procedure for the change of name was implemented, KRW 80,000 until July 31, 2016, and KRW 50,000 until August 31, 2016, respectively.

3. The Defendant sold the instant land at KRW 800 million, and the payment of the purchase price is made on July 31, 2016, and the said collateral is cancelled by repaying the secured debt of the right to collateral established on the said land from July 31, 2016, in lieu of the payment of the purchase price, and pays the remainder to the Defendant by September 30, 2016, and upon the payment of the purchase price, the registration of ownership transfer of the instant land is completed.

4. (Omission)

5. The foregoing.