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(영문) 수원지방법원 2015.04.21 2014가단37619

계약금 및 위약금 청구

Text

1. The defendant shall pay 36,00,000 won to the plaintiff and 20% per annum from July 9, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. (1) On April 20, 2014, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant on April 20, 2014, with regard to the second floor Nos. 203 (hereinafter “instant building”) of the E-building (hereinafter “instant building”) owned by the Defendant, with a payment of KRW 180 million on the date of the contract, and the remainder of KRW 18 million on the date of the contract, and the payment of KRW 162 million on May 20, 2014, the Plaintiff paid the Defendant the down payment of KRW 18 million on the date of the contract.

(2) The Plaintiff and the Defendant, as the special terms and conditions of the instant sales contract, determined that “(i) is registered as a compulsory auction (F) on the current registry and settle and cancel the remainder before the remainder. ② At present, it is the creation of a collateral security (the maximum bond amount of KRW 59,600,000) on the current registry, and is the cancellation key at the time of the remainder. ③ The remainder date may be earlier under mutual agreement at the time of resolution of the auction case, but it is impossible to extend, and at the same time, it shall be repaid the down payment.”

B. On April 27, 2011, the instant building completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 69,600,000 under the name of Korea Bank Co., Ltd., and on April 4, 2013, the registration of the decision to commence compulsory auction (hereinafter “registration of the decision to commence compulsory auction”) was completed on April 4, 201, and the registration of the decision to commence compulsory auction was cancelled on May 30, 2014 on the ground of withdrawal on May 26, 2014.

C. Around May 2014, the Plaintiff applied for a loan of KRW 250 million to the Seoul Pharmaceutical Credit Union, which was previously traded in order to prepare the balance of the instant sales contract, as of May 20, 2014, with the scheduled date of implementation. The said Credit Union decided to grant a loan of KRW 170 million by opening the Credit Council on May 15, 2014.

G, the head of the finance division of the plaintiff, shall appear at the plaintiff church to conclude the sales contract of this case on May 20, 2014.

Plaintiff

In the side, G and a certified judicial scrivener shall have ownership of the building of this case.