위약금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination as to the cause of claim
A. On February 11, 2015, the Plaintiff asserted that he/she concluded a sales contract with the Defendant with the following terms and conditions (hereinafter “instant sales contract”) with respect to the Yongsan-gu Seoul Metropolitan City C Apartment 105 Dong 307 (hereinafter “instant apartment”) (hereinafter “instant apartment”).
However, the Defendant expressed his/her intent to terminate the instant sales contract from February 12, 2015, following the date following the date of entering into the instant sales contract, and on March 12, 2015, registered the right to claim the transfer of ownership in the name of D.
This constitutes a defendant's explicit rejection of performance, and the plaintiff cancels the sales contract of this case on this ground.
Therefore, the defendant is obligated to pay to the plaintiff 15,000,000 won as penalty or damages for delay.
1. Sales amount of KRW 160,000,000;
2. Contract deposit of KRW 15,000,000 (payment of KRW 5,00,000,000 on February 11, 2015, the remainder of KRW 10,000,000 after verifying the document cancellation of the second collateral mortgage)
3. The transfer of down payment of KRW 15,000,000 to the E account under the name of E.
4. Any balance of 145,000,000 won (any balance of 37,000,000 won).
5. The date of registration of transfer of ownership on February 16, 2015: The seller shall be appointed to a director by April 12, 2015 (Preparation of a lease agreement);
7. The seller shall withdraw a voluntary auction until February 16, 2015 and shall cancel the second collateral security.
8. The first collateral mortgage is to redeem a buyer's new deposit with a deposit for the lease on a deposit basis, and to cancel it before April 15, 2015.
9. The buyer shall compensate the seller for the amount of the down payment before the buyer pays the remainder to the seller, and the buyer may waive the down payment and rescind this contract; 10. If the seller or the buyer fails to perform the terms of this contract, the other party may demand the person who has defaulted to perform the contract and rescind the contract. The buyer may claim damages due to the cancellation of the contract against the person who has defaulted, and the compensation for damages shall be