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(영문) 부산지방법원 2015.01.28 2014가합46306

약정금

Text

1. Defendant B shall pay to the Plaintiff KRW 146,30,000 and 20% per annum from July 4, 2014 to the date of full payment.

Reasons

1.The following facts do not conflict between the Parties:

On July 27, 2013, the Plaintiff, at the request of Defendant B, sold to Defendant B for KRW 620,000, the total area of KRW 21,063 square meters of the instant land (hereinafter “instant land”) of KRW 500,00,000,000, the sales price of the instant land was KRW 500,000,000, and the buyer was U and the Defendant.

(hereinafter referred to as “the first sales contract”). B.

On October 7, 2013, Defendant B demanded the Plaintiff to prepare a contract in which the purchase price of the instant land is KRW 1,200,000,000 in order to lend the instant land purchase price. Accordingly, the Plaintiff and Defendant B entered into a sales contract with the purchase price of the instant land as KRW 1,200,000 (hereinafter “the second sales contract”) and entered into the following special agreement (hereinafter “the instant special agreement”).

Of the down payment of KRW 1.2 billion, the seller is responsible for the part concerning KRW 6.22 million, and the buyer is responsible for the remainder.

The buyer is responsible for the relocation of the cemetery.

(Provided, That the seller's simple desire is received).

Around October 24, 2013, Defendant B asked the Plaintiff to prepare a sales contract with the purchase price of the instant land KRW 1,120,000,000 again, and Defendant C proposed to jointly purchase the instant land.

Defendant C accepted Defendant B’s proposal and delivered a certified copy and abstract of a seal imprint necessary for preparing a sales contract to Defendant B. Defendant B, with this, purchased at KRW 765,00,000 of the purchase price among the land of the Plaintiff and the instant land, E, F through N, P, Q, R, R, and T with the purchase price of KRW 765,00,00. Of the instant land, Defendant C’s parcel number D among the instant land is to purchase KRW 35,00,000,000.