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(영문) 광주지방법원 2017.08.24 2016가단512540

위약금 청구의 소

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 October 31, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the right side of the second floor among the North-gu, Gwangju, and D ground buildings (1st 227.10 square meters, 227.10 square meters, 79.33 square meters, hereinafter “instant building”) owned by the Defendant, as between the Defendant and the Defendant, with a deposit deposit of KRW 30 million, and up to March 31, 2016.

B. On February 4, 2016, the Plaintiff and the Defendant entered into a sales contract with respect to the entire building of this case and D large 270 square meters in Gwangju Northern-gu (hereinafter “instant real estate”) on the sales price of KRW 430 million, down payment, KRW 50 million, and the remainder of KRW 380 million ( March 20, 2016) (hereinafter “instant sales contract”) with the introduction of E, as follows. On March 19, 2016, the Plaintiff and the Defendant changed the payment date of the remainder to April 15, 2016.

3. The seller shall, at the same time, receive the full amount of the purchase price, implement the procedures for such procedures as transfer of ownership, etc. on this real estate, and specify and deliver this real estate;

4. Expenses incurred in relation to the procedures for registration of appurtenant thereto shall be borne by the seller, and the cost incurred in relation to the registration of ownership transfer shall be borne by the purchaser;

6. If the seller has neglected the contract deposit, he shall compensate the buyer for the double amount of the contract deposit with the penalty, and if the buyer has terminated the contract deposit, the contract deposit shall be regarded as a penalty and lose the right to

The same shall also apply after the commencement of the contract.

Special Contract Matters: 30 million won out of the down payment shall be offset against the current lease deposit.

C. On the date of the above contract, the Plaintiff paid the Defendant the remainder of KRW 20 million after deducting KRW 30,000,000,000,000, which was to offset the claim for refund of the lease deposit among the down payment, and paid the said down payment in full.

Meanwhile, as to the instant real estate at the time of conclusion of the instant sales contract, the registration of seizure as of March 23, 2010, the registration of the right holder’s seizure as of April 23, 2014 by the National Health Insurance Corporation, and the registration of seizure as of June 12, 2008 by the right holder, F and the maximum debt amount as of June 12, 2008.