약정금
1. The defendant shall pay to the plaintiff KRW 75,00,000 as well as 5% per annum from August 1, 2017 to October 12, 2017 and from the next day.
1. Basic facts
A. The Plaintiff, who runs a construction machinery maintenance business, etc., was aware of the Defendant, who is a co-ownership holder (Provided, That E is wholly owned by the Defendant) of each land listed in the separate sheet (hereinafter collectively collectively referred to as “instant land”) as indicated in C or D, while coloring a site for constructing a motor vehicle maintenance plant.
B. On August 24, 2016, when the Plaintiff decided to purchase the instant land from the Defendant, the Plaintiff prepared a real estate sales contract (hereinafter “instant sales contract”) with the content of the purchase price of KRW 1.4 billion, the down payment of KRW 150 million, the balance of KRW 1250 million, and the payment period of the remainder of KRW 1250 million on December 30, 2016. The special terms and conditions of the said sales contract include the following: “The Defendant, the current owner of the instant land, is liable for the transfer of ownership, and the seller is responsible for the transfer of ownership, and all documents on the transfer of ownership. If the ownership is not transferred, the Defendant shall compensate for the down payment. 2. The Defendant shall cooperate with all documents, etc. at the time of the Plaintiff’s land development authorization and permission.”
C. The Plaintiff remitted 50 million won out of the down payment on the day of the contract to the Defendant’s account, and the remaining 100 million won was remitted to C who introduced the Defendant to the Plaintiff, and C wired 82 million won out of the above 100 million won to the Defendant by the day of closing argument in the instant case.
On January 11, 2017, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with the Defendant on January 11, 2017, without permission for land development activities by the date of the remainder payment stipulated in the instant contract, and the signature is written on the lower part of the agreement and on each name of the Defendant.
On December 30, 2016, the Plaintiff agreed to pay the remainder 1.25 million won to the 11.362 square meters of three parcels constituting the instant land by July 31, 2017, and the Defendant agreed to pay the remainder 1.25 million won to the Plaintiff until July 31, 2017. If development activities and permission are not granted, the Defendant’s down payment is KRW 150 million to the Plaintiff.