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(영문) 창원지방법원 2016.11.10 2015가합1758

위약금반환

Text

1. The Defendants jointly share KRW 150,000,000 to the Plaintiffs, as well as Defendant C and E, from March 6, 2015.

Reasons

1. Basic facts

A. ① The 341,643 square meters of F forest land in Kimhae-si are owned jointly by G (2/4 shares), Defendant D (1/4 shares) and Defendant E (1/4 shares). ② The 13,289 square meters of H forest land and 3,967 square meters of I forest land and 3,967 square meters are owned jointly by Defendant C (2/4 shares), Defendant D (1/4 shares), and Defendant E (1/4 shares) with each of the above real estate owned jointly by Defendant C (2/4 shares), Defendant D (1/4 shares), and Defendant E (1/4 shares) with each of the above real estate owned jointly, and the “each of the instant real estate” collectively.

B) B. (B) The J, and K on behalf of the Plaintiff A, on March 5, 2015, decided to purchase all the shares and interests of the Defendants in each of the instant real estate in KRW 1,500,000 among the instant real estate in KRW 150,000,000 as the contract date, and the intermediate payment of KRW 350,00,000 as the intermediate payment is paid on April 14, 2015, and the remainder of KRW 1,00,00,000 is paid on June 10, 2015, and the remainder of KRW 1,00,00,000 is paid on June 10, 2015.

(1) The Defendants concluded the contract (hereinafter referred to as the “Defendant C’s act”).

In addition, G also enters into the sales contract of this case as the seller, and Defendant C signed it as the agent of G.

(C) On the date of the contract, the Plaintiffs paid the Defendants the down payment of KRW 150,00,000 to the Defendants. [Grounds for recognition] The Plaintiffs did not dispute, and evidence Nos. 1, 2, 4, and 5 (including the provisional number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The Defendants asserted that they expressed their intent to refuse to receive the payment of the Plaintiffs’ intermediate payment after the conclusion of the instant sales contract.

The Plaintiffs cancel the instant sales contract on the grounds of the Defendants’ nonperformance. As such, the Defendants are obligated to return to the Plaintiffs the down payment of KRW 150,000,000, and legal interest or delay damages therefrom, which are paid by the Plaintiffs.

3. Determination.