위약금청구
1. As to the Plaintiff’s KRW 19,50,000 and KRW 15,000 among them, the Defendants shall pay to the Plaintiff each of the KRW 19,50,000 from April 22, 2017 to February 23, 2018.
1. Basic facts
A. On April 21, 2017, the Defendants, the Plaintiff, and F entered into a sales contract with respect to each of the lands listed in the separate sheet (hereinafter “instant land”) on April 21, 2017, with the following terms: (a) payment of KRW 1.6 billion in purchase price; (b) payment of KRW 120 million on the day of maturity; and (c) payment of the remainder of KRW 1.488 billion on July 30, 2017 (Provided, That the following conditions were added as stated in paragraph (3) of the said special agreement) (hereinafter “instant sales contract”); and (d) accordingly, the Plaintiff wired KRW 120,000 in total with each of the following accounts of the Defendants on the same day as the down payment:
The seller of the instant sales contract (No. 1-3 pages): The Defendants, the buyer, and the Plaintiff and F (Article 6) shall reimburse the seller for the penalty for breach of the contract, and the buyer shall waive the down payment and not claim the return of the down payment.
[Matters of Special Agreement]
3. The balance (1.48 billion won) date shall be paid after the buyer has acquired the development activities.
The balance date due to development activities shall be adjusted after mutual agreement.
4. The account for the payment of down payment shall be paid by the seller to the seller as Defendant B Bank (Account Number omitted; hereinafter the same shall apply), Defendant EF Bank, Defendant D National Bank, and Defendant C Bank.
5. Sellers have accepted a written consent to the authorization and permission.
B. The Plaintiff and F obtained a development permit with the Defendants’ written consent to use of the instant land prior to the initial payment of the remainder, and then was planned to obtain a business loan from a financial institution.
However, it seems that the Defendants suffered a burden of giving prior notice of use prior to the receipt of the remainder, and F directly participated in negotiations on the implementation of the contract, such as consent to land use, approval name, land division, loan, etc. after the conclusion of the instant sales contract by Defendant D’s children.
(See Nos. 6-1 to 6). A and “A” authorization and permission for direct development under Defendant B’s name.