위약금등
1. The Defendant’s KRW 139,200,000 among the Plaintiff and KRW 87,000 among the Plaintiff, shall be KRW 52,20,000 from February 21, 2014, and KRW 52,20,000.
1. On February 19, 2013, the Plaintiff purchased from the Defendant the amount of KRW 2,455 square meters (hereinafter “instant land”) from the Defendant’s own land of Seosung-si B, C, D, E, F, and G (hereinafter “instant purchase contract”) for KRW 870,00,00,00 for each land of the Defendant, and paid at least 60% of the intermediate payment, at the same time as the approval of the permission of a manufacturing place, the receipt of the commencement report, and the transfer of ownership by dividing the land in the name of the purchaser as a special agreement. The remaining 30% of the remainder shall be paid within 10 days after the completion of the change of the use of the manufacturing place into the factory. In the sale of land, the condition that the buyer obtained the permission of a manufacturing place under the name of the buyer and obtained the change of use into the industrial code 2329, and the agreement must be resolved in cooperation with the Plaintiff at the time of non-approval (hereinafter “instant special agreement”), and the purport of the entire pleading between the parties or payment.
2. Determination on the cause of the claim
A. (1) As to the claim for the cancellation of the instant sales contract on the ground of the nonperformance of the obligation under the instant special agreement, the Plaintiff merely obtained permission for development in the name of the Defendant, and did not perform the obligation under the instant special agreement by failing to obtain the approval of the manufacturing place in the name of the Plaintiff, even after one year from the date of conclusion of the instant sales contract, and the Plaintiff rescinded the instant sales contract by delivery of the copy of the complaint. As such, the Defendant asserts that the Defendant is liable to pay to the Plaintiff the down payment already paid to the Plaintiff and the penalty for delay under Article 4 of the instant sales contract (=87,00,000,000) and the damages for delay.
In full view of the purport of the entire pleadings, the Defendant’s statement Nos. 2 and 3 (including each number for those with serial numbers; hereinafter the same shall apply).