해약금 및 위약금
1. The defendant shall pay 20 million won to the plaintiff and 12% per annum from April 17, 2020 to the day of complete payment.
1. The following facts may be acknowledged in full view of the statements in Gap's 1, 2, 3, 5, 6, 7, 8, 9, 10, and Eul's testimony and the whole purport of the arguments in Gap's 1, 2, 3, 5, 6, 7, 8, 9, 10 and Eul's testimony:
The registration of ownership transfer was completed in the name of the Defendant with respect to the land for a factory in Kimcheon-si D, Kimcheon-si (hereinafter “instant land prior to the division”). However, the instant land prior to the division was completed by each of the maximum debt amount of KRW 390,000,000, the maximum debt amount of KRW 260,000,000, the maximum debt amount of KRW 240,000,000, the maximum debt amount of KRW 120,000,000, the maximum debt amount of KRW 30,000,000, the maximum debt amount of KRW 120,000,000, the maximum debt amount of KRW 30,000,000, each of the mortgage creation registration (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed property”) or the mortgage creation registration of the instant neighboring land, which was established.
B. As to the land of 233 square meters prior to Kimcheon-si, Kimcheon-si (hereinafter “instant F land”), the registration of ownership transfer was completed in the name of G (the Defendant’s inside director H). However, on December 7, 2019, the Plaintiff entered into a sales contract with the Defendant to purchase approximately KRW 260,000,000, out of the total size of the instant land and the instant F land, with the purchase price of approximately KRW 260,00,000.
C. The Plaintiff paid the Defendant the down payment of KRW 20,000,000 under the above sales contract, and the remainder of KRW 380,000,000 was paid on January 20, 2020. The Defendant decided to cancel the instant mortgage prior to the payment of the remainder. The Defendant filed an application for subdivision without delay and decided to re-preparation the contract with a new parcel number after the division. The Defendant was responsible for the instant F land and agreed to move the instant F land after the inheritance registration.
The land before the instant partition is divided into D 7473 square meters of land for a factory in the city of Kimcheon-si and 2239 square meters of land for an Icheon-si (hereinafter “instant land”), and the Plaintiff and the Defendant on January 7, 2020.