기타(금전)
1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual interest from March 24, 2018 to November 7, 2018, and the following.
On August 11, 2017, the Plaintiff and the Defendant concluded a sales contract with regard to the share of the Plaintiff’s ownership among the real estate listed in the separate sheet (hereinafter “each of the instant real estate” and each land is named as a parcel number) on the basis that the purchase price is KRW 20.5 billion, and the down payment is paid at the same time as the contract is concluded, and the intermediate payment is paid at KRW 3.2 billion from the contract date, and the remainder KRW 16.3 billion is paid at the time when six months have elapsed from the date of payment of intermediate payment
(hereinafter “instant contract”). The Plaintiff received a down payment of KRW 1 billion from the Defendant on the day of the instant contract.
The relevant contents of the contract of this case are as follows.
Article 1 (Indication of Real Estate) 1) Indication of the real estate sold by the Plaintiff (hereinafter “subject matter”).
The following is the Plaintiff’s sales of each of the instant real estate 2) and the shares of the subject matter to be purchased by the Defendant are 70/72 (17,709 square meters, 5,357 square meters) of the subject matter of paragraph (1).
3) All the above-mentioned (including buildings in the name of B) and trees shall be included in the subject matter to be traded. Article 6 (Cancellation of Restricted Real Rights, Attachment, Provisional Attachment, Provisional Disposition, etc.) 1) The Plaintiff shall have to cancel limited real rights, seizure, provisional attachment, provisional disposition, etc. existing in the subject matter to be traded from the receipt of the intermediate payment
However, the provisional disposition in the name C shall be based on the result of the judgment.
2) The Plaintiff shall either cancel or withdraw an auction conducted in part of the subject matter of sale within two months from the date of the payment of intermediate payment. Article 8 (Cancellation and Termination of Contracts and Penalty) (5) In the event the Defendant delays the payment of intermediate payment and remainder, the Plaintiff shall pay the Plaintiff the overdue interest at an annual interest rate of 10%, and the Plaintiff shall pay the overdue interest at an annual interest rate of 10%. If the overdue interest continues for at least three months, the Plaintiff shall pay the down payment and additional penalty received from the Defendant, and the remainder payment after the payment of intermediate payment, in full.