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(영문) 수원지방법원 2017.05.12 2016가합78932

위약금

Text

1. The Defendants shall jointly and severally serve as KRW 123,703,320 on the Plaintiff and as a result, from April 1, 2016 to May 12, 2017.

Reasons

1. Basic facts

가. 원고와 피고들의 이 사건 부지 매매계약 체결 용지매매계약서 소재지 필지번호 “지정용도” 면적 비고 판교택지개발지구 내 도시지원시설용지 C-3 일반연구용지 22,803㎡ 용지의 표시 위 표시용지(이하 “목적용지”)에 관하여 매도인 ‘경기도’(이하 “갑”)와 매수인 ㈜넥슨 외 4(이하 “을”)은 다음과 같이 매매계약(이하 “본건매매계약”)을 체결한다.

Facts of background

1. (Omission)

2. “A” publicly announced “A” for the supply of the site, for the purpose of the supply of the site, the Guidelines for the Supply of Land for the Development Project of the Telecommunications Art Ballast (hereinafter “Supply Guidelines”).

3. “B” has made an application for the purchase of the land for the purpose as set out in the above Supply Notice and Supply Guidelines, and has promised that the project plan submitted at the time of the application for the purchase will be used for the designated purpose (hereinafter referred to as “project plan”).

4.5. (Omission) (1) “B” shall be used for the designated purpose (hereinafter “designated purpose”) “B” for twenty (20) years from the date of completion of the construction of the building constructed (hereinafter “construction”) (hereinafter “designated purpose”) as provided in the “Public Notice of Supply” and “Supply Guidelines” in order to apply for the purchase of the “purpose site” as provided in the “Public Notice” and “Supply Guidelines.”

(2) If a “B” violates the obligation to use the term “B” for the designated purpose during the period of compliance with the designated purpose, “B” may take the following measures against “B” in accordance with the following standards in accordance with the performance rate of the obligation to comply with the designated purpose:

The cancellation of the "Contract for the Sale of this case" which is less than 70% of the measure of "A" and the recovery of ownership of the "Purpose Land" from 70% to 90% of the annual collection of penalty equivalent to 90% of the supply price shall be collected at least 1% of the annual collection of penalty.