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(영문) 서울중앙지방법원 2015.10.23 2015가단5014092

약정금

Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from November 21, 2012 to February 3, 2015; and (b) the Plaintiff.

Reasons

1. Fact-finding;

A. On July 10, 2012, the Plaintiff entered into a sales agreement (the instant sales agreement) with the Defendant on the “58,297 square meters of the site for multi-family housing within the area of the region in which the wife population is located” (the instant land), and the main contents thereof are as follows.

(A) At the time, the Plaintiff agreed to pay KRW 100,000,000,000 to the Defendant at the time, not to actually pay, but to substitute for the payment of KRW 100,000,000 to the Defendant, which was the party to the previous contract for the land of this case.

The agreed amount of KRW 143,788,00,00 for the purchase price and payment method of KRW 143,78,000 for the purchase price and payment method of KRW 10 billion is ten billion, and payment is made within 14 days from the date of conclusion of the instant trade agreement. Except for KRW 100,000,000,000,000,000,000

1.The effective term of this Arrangement shall take effect immediately, and shall be six months from the date of the payment of the agreed amount and shall thereafter become effective automatically.

Article XISpecial Terms and Conditions

1.A (Defendant) may sell land to a third party even during the effective period of this Arrangement. In such cases, this Arrangement shall automatically terminate, and A (Defendant) shall promptly return the agreed amount to B (Plaintiff) and shall be deemed to have no time to do so.

B. On November 20, 2012, the Defendant sold the instant land to a third party, the Defendant sold the instant land in KRW 143,788,00,000 to the Non-Party L&C Co., Ltd.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings]

2. The Defendant’s judgment on the cause of the Plaintiff’s claim has sold the instant land to S&C Co., Ltd., while the instant transaction agreement was concluded and its validity was maintained. As such, KRW 100 million, which was paid from the Plaintiff pursuant to Article 11 subparag. 1 of the instant transaction contract, shall be immediately held.