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(영문) 수원지방법원 여주지원 2018.05.16 2017가합420

공사지연배상약정금

Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiff entered into a sales agreement with the Defendants on the purchase of KRW 2,000,000 among three parcels, such as Gyeonggi-gun D, for the purpose of carrying out the housing building business and the sales in lots and lease business (hereinafter “instant sales”).

B. On February 20, 2017, the Plaintiff, with the Defendants, revoked part of the instant sales contract, and concluded an agreement with the Defendants on the following matters as to the remainder of Gyeonggi-gun E Yangyang-gun E, 913 square meters, D 1,878 square meters, F 719 square meters, etc. (hereinafter “each of the instant real estate”).

1. The purchase price of each real estate of this case shall be the amount calculated in 1.7 million won per square.

2. The Defendants shall pay the Plaintiff KRW 350,000,000 as the construction site pension.

4. The contract for which the Plaintiff and the Defendants agreed to newly construct a B/F-based loan on the ground of Gyeonggi-si D/F-based, shall be rescinded by mutual agreement, and no objection shall be raised against the subsequent cancellation.

6. The Plaintiff and the Defendants shall pay the land price and all all of the costs with the money loaned as security by means of a newly constructed loan on each of the instant real estate.

C. The Plaintiff transferred each of the instant real estate from the Defendants under the name of G and H, etc. according to the instant sales contract and agreement.

On March 14, 2017, the Defendants completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to the amount of KRW 500,00,000 with the maximum debt amount on the ground of the contract on March 13, 2017 with respect to the amount of KRW 1,878 square meters, F. F. 719 square meters, in order to secure the Plaintiff’s claim against the Plaintiff.

The purchase price of this case changed according to the agreement of this case is KRW 1,800,000,000, and the Plaintiff paid KRW 1,400,000 among the Defendants.

E. After completion of the loan of this case, the Plaintiff applied for the loan of this case to Yangyang Agricultural Cooperatives as a security, and the Yangyang Agricultural Cooperatives established each real estate of this case as a condition for the execution of the loan.