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(영문) 인천지방법원부천지원 2016.03.18 2014가합9679

위약금등

Text

1. The Plaintiff:

A. On June 2012, 2012, Defendant Busan Construction Co., Ltd.: KRW 3,589,188 and KRW 2,153,513 among them.

Reasons

1. Basic facts

A. Defendant B, a business partnership agreement among the Defendants, instead of providing the Defendant Seocheon-gu Seoul Special Metropolitan City C large of 370 square meters to the Defendant Seocheon-si Special Metropolitan City Construction, Defendant Seosan General Construction newly constructed a downtown-type residential house on the ground under the Defendants’ name, and then sold it in lots, and paid 25% of the sales price of the said land to Defendant B as the sales price of the said land (hereinafter “instant business partnership agreement”).

B. The Defendants, who made a registration of preservation of ownership on the instant building, have newly constructed a downtown-type residential house, which is an aggregate building of the third and tenth stories above ground, on the said land in accordance with the instant trade agreement, and completed each of the Defendants’ joint ownership registration under the Incheon District Court’s Busan District Court Decision 9048 received on August 28, 2013, respectively.

(Co-ownership shares of the Defendant W are 16.6/370, Defendant B's co-ownership shares are 353.4/370).

On June 19, 2012, prior to the completion of separate ownership preservation registration, the Plaintiff entered into a supply contract between the Plaintiff and the Defendants (hereinafter “each of the instant supply contracts”) with the terms that the Plaintiff would purchase each of the building and the site ownership (hereinafter “each of the instant real estate”) listed in attached Tables 1 through 4, and the main contents of each of the instant supply contracts are as follows.

Article 1 (Method of Sale and Payment) (1) The plaintiff shall pay the following amount within the due date for payment:

- Total supply amount: 80 million won (the date of designation for occupancy) contract for the second intermediate payment (the date of the second intermediate payment) contract; 28 million won (20 million won (20 million won) per June 27, 2012; 20 million won per June 2012; and 30 million won (payment) the Plaintiff shall deposit the sale price in the following account; 4.05-801-967305, Korea Bank 1005, the account number of the financial institution, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank of Korea, the Bank, the Bank of Korea