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(영문) 인천지방법원 2017.05.16 2016가단13894

위약금등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 13, 2014, the Plaintiff entered into a sales contract with Defendant B on 101 (hereinafter “instant real estate”) of the Bupyeong-gu Incheon Metropolitan Government D Building 101 (hereinafter “instant real estate”) owned by Defendant B (hereinafter “instant sales contract”), and on the same day, remitted KRW 4,000,000 to Defendant B as the down payment.

B. On November 24, 2014, Defendant B: (a) proved to the Plaintiff that “The instant sales contract was due, despite the remainder payment date on October 31, 2014, the Plaintiff requested extension, and the remainder payment was due until December 5, 2014; (b) notified the Plaintiff of the termination of the instant sales contract due to the Plaintiff’s nonperformance of the contract, etc., if the remainder payment was not made until December 5, 2014; and (c) on December 22, 2014, the Plaintiff provided that “The instant sales contract was due, despite the remainder payment date on October 31, 2014, the Plaintiff did not perform its obligation for the registration of transfer of ownership until December 31, 2014, and the Plaintiff did not present all the documents delegated with all the transfer of ownership to a certified judicial scrivener on the transfer of ownership and notified the Plaintiff of the termination of the sales contract by no later than December 30, 2014.”

C. The Plaintiff did not pay the remainder to Defendant B by December 30, 2014, and Defendant B sold the instant real estate to Nonparty E on January 30, 2015, and Nonparty B completed the registration of ownership transfer on February 25, 2015 as Incheon District Court Receipt No. 13431.

[Grounds for recognition] Nos. 2, 4, and 2, 3 are numbers of evidence No. 2, 3.