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(영문) 대전지방법원천안지원 2019.05.30 2018가단108090

위약금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 50,00,000 and Defendant B with respect thereto from July 19, 2018, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. On December 12, 2017, the Plaintiff sold to the Defendants the land of this case for KRW 1,150,000,000 in the purchase price, and KRW 635,00,00 in the purchase price, the Plaintiff succeeded to the obligation of the NN association’s loan of each of the instant land as collateral, and the amount of KRW 270,00,00 in the purchase price for four parcels, other than the Plaintiff purchased from the Defendants, for offset against the purchase price for four parcels, and the remainder of the purchase price for KRW 245,00,000,00 in the purchase price for the instant land was paid until January 30, 2018.

(hereinafter “instant sales contract”). B.

Since then, the Plaintiff and the Defendants agreed to postpone the payment date of the instant sales contract until March 20, 2018, and again, the Plaintiff, at Defendant B’s request, extended the transfer of ownership and the payment date of the purchase price of the fourth and fourth parcels outside the U.S. to April 20, 2018.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-6 (including a provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff alleged that the Defendants unilaterally terminated the instant sales contract on or around April 12, 2018, and thus, the Plaintiff’s claim for penalty of KRW 50 million and damages for delay as stipulated in the instant sales contract.

B. At the time of the conclusion of the instant sales contract, the Plaintiff explained to the Defendants that there was no problem in obtaining permission to develop each of the instant land as a site for electric source, but was land that could not obtain permission for development activities due to access roads. Therefore, the instant sales contract is revoked by the Plaintiff’s deception or mistake of the Defendants.

3. Determination

A. We examine whether the instant sales contract was revoked.

Although each of the lands of this case cannot be permitted as a matter of access road, it is possible to permit the plaintiff to do so.