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(영문) 부산지방법원 2016.06.08 2015나16962

건물인도

Text

1. Revocation of a judgment of the first instance;

2. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

3. The total cost of the lawsuit.

Reasons

1. The purpose of this contract is to carry out the sales agency business with respect to B apartment units 26 households within the period stipulated in Article 6 as the Plaintiff’s contractor, and Es.K directly enters into a sales contract with the Plaintiff with respect to the remaining households of the above real estate after the expiration of the period.

Article 2 (Definitions) (1) The term "sale agency business" means the case where E.S. case is engaged in the sale publicity and the buyer pays the price in full to the plaintiff and the registration of transfer of ownership to the buyer is completed.

Article 3 (Effect of Contract, Performance Bond, and Method of Payment for Company Admission Amount) (1) The validity of this contract shall enter into force at the same time with Es.S. paid KRW 250 million to the Plaintiff’s account in the name of the Plaintiff.

② From the above 26 generation discount sale price (75% of each purchase price), the remaining KRW 1.22 billion, excluding KRW 250,000,000,000,000,000, out of the total amount of company admission 1.477,325 million, excluding the company loans from financial institutions, shall be paid to the Plaintiff until September 15, 2014.

④ E.S. In the event that the contractual terms set forth in this Agreement are not fulfilled within the prescribed period, the contractual performance guarantee amount of KRW 250 million shall be confiscated and reverted to the Plaintiff, and the sales agency fee (i.e., actual sale price - discount sale price) incurred by transfer of ownership until September 15, 2014 shall not be claimed, and E.S. shall not be able to claim all or part of the return, and E.S. shall not claim any civil or criminal claim against it.

Article 4 (Term of Contract) (1) The period for performing the sales agency business of E.S. shall be three months from the date of conclusion of this contract (by October 30, 2014).

Article 5 (Scope of Sales Agency Business) (1) The scope of sales agency business of E.S. shall be as follows:

1. All the performance of duties in connection with the sale of buildings in units and fines for such expenses;