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(영문) 의정부지방법원 2018.02.02 2017가단105739

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 29, 2016, the Plaintiff sold each of the lands listed in the separate sheet to the Defendants in KRW 995,600,000. The matters related to the instant case are as follows.

[Land Sales Contract] Until the remainder payment is made, the seller shall compensate for the amount of the down payment, and the buyer may waive the down payment and cancel this contract.

[Agreement on Land Sale]

2. The terms and conditions for the payment of land prices are to pay KRW 100,000,000 by October 30, 2016, to pay KRW 200,000 as part payments by April 30, 2017, and to pay KRW 261,539,480 as part payments by October 30, 2017.

3. The purchaser of the remaining land after the payment of the balance will succeed to the amount set up as a collateral for the transfer of ownership by the purchaser.

7. When the purchaser grants permission for development activities or divides land after the preparation of this contract, the seller shall immediately issue all relevant documents (written consent to land use, written consent to designation of the road, written consent to partition, seal imprint, issuance of seal imprint, etc.);

【Ground of recognition】 The fact that there has been no dispute, Gap 1 and 2, and the purport of the whole pleading

2. The assertion and judgment

A. The gist of the parties’ assertion is that the Defendants did not pay the down payment of KRW 100,000,000,000, which is to be paid by October 30, 2016 under the above sales contract until now. As such, the Defendants’ delay in the performance of the Defendants’ above sales contract is the cause of rescinding the above sales contract through the duplicate of the complaint of this case, so the Defendants jointly and severally are presumed to be the liquidated damages amount.

Pursuant to this, it asserts that the scheduled damages should be paid KRW 100,000,000.

On the other hand, the Defendants cannot be seen as a down payment of KRW 100,000,00, which is to be paid by October 30, 2016 under the above sales contract. The Plaintiff’s above premise is that the agreement between the Plaintiff and the Defendants to pay the down payment as penalty was concluded.