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(영문) 서울고등법원 2019.01.24 2018나2051813

위약벌 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. It is each representative director of Defendant B (hereinafter “Defendant B”) and Defendant C (hereinafter “Defendant C”).

D had a plan to build a new hotel in the name of Defendant C on the Seo-gu, Seo-gu, Gwangju (hereinafter “instant land”) 4,560.6 square meters (hereinafter “instant land”).

Meanwhile, on September 15, 201, in order to utilize the instant land during the course of the instant hotel construction project, Defendant B entered into an agreement with the following purport: (a) on September 15, 201, to the effect that: (b) it was leased to nearby F (hereinafter referred to as “this case’s Party”); (c) without distinguishing between the instant Party and its operator, and (d) the subsequent renewal of the lease contract; and (b) on July 6, 2016, Defendant B entered into an agreement with the instant Party to the effect that “The term of the lease shall be extended until July 31, 2017; and (c) even before the expiration of the contract period, Defendant B shall notify the instant Party of the termination of the contract one month prior to the sale or new construction of the instant land, and the instant Party shall comply with the agreement.”

B. On September 24, 2015, G Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with Defendant B to purchase the instant land at KRW 17 billion (hereinafter “instant land purchase contract”). On the same day, Defendant C entered into a contract with the acquisition price of the entire business rights related to new hotel construction on the instant land including authorization and permission (hereinafter “instant contract for acquisition of business rights”). The remainder payment date of each of the instant contracts was common on February 4, 2016.

According to the land sales contract of this case, the non-party company paid the down payment of KRW 1.5 billion to the defendant B, and the down payment of KRW 300 million to the defendant C in accordance with the instant business right acquisition agreement.

C. The non-party company is about the land of this case.