beta
(영문) 창원지방법원 2018.09.13 2017가합55742

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) As to KRW 14,842,00 and its amount, Defendant B shall be from February 15, 2018, and Defendant B.

Reasons

1. Facts of recognition;

A. On June 19, 2017, the Plaintiff entered into a contract with Defendant C, an agent for the children of Defendant B, and the Plaintiff entered into a contract with Defendant B to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B with the following content:

(hereinafter “instant sales contract”). Sales amount: KRW 362 million: KRW 50 million shall be paid at the time of the contract.

Any balance of 300 million won shall be paid on July 12, 2017.

[Matters of Special Agreement]

1. The above contract is a contract made by an agreement between the seller and the buyer.

4. The seller shall move to the lessee who currently resides on July 2 by August 1.

“The term “conceive” is to accept a letter of commitment.

5. The buyer purchases this house for the purpose of rebuilding. Accordingly, the seller is a condition under which the present lessee moves up to August 1, 200. 9. This contract is concluded with the seller’s agent Defendant C to assume all responsibilities.

(Delegation Forms and Certificates of Seal Imprints)

B. According to the special agreement stipulated in the instant sales contract 4. Paragraph (4) of this case, Defendant B, upon receipt of a letter of commitment that “the relocation from the lessee of the instant building to August 1, 2017” shall be delivered to the Plaintiff on July 2, 2017, but failed to comply therewith.

C. Accordingly, on July 12, 2017, the Plaintiff received a performance certificate stating the following contents from Defendant C, and completed the registration of ownership transfer in the name of the Plaintiff regarding the instant real estate.

The agreement of this case (hereinafter referred to as "the agreement of this case") in accordance with the above performance certificate.

A) Defendant B’s joint and several sureties: Defendant C buyer paid the full purchase amount (excluding five million won priority), and Defendant C buyer would pay five million won after the house was completely cut off.

The current lessee D’s report of transfer from the current lessee D’s address to July 13, 2017.

Until August 1, 2017, the seller promises to have the present lessee directors and to fully cover the house.

. does not implement.