beta
(영문) 부산지방법원 2018.01.18 2015가단241897

위약금등

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On July 8, 2013, the Plaintiff entered into a contract with the Defendant Company for the purchase of the second floor 220 units (hereinafter “instant store”) among the commercial facilities buildings (F buildings; hereinafter “instant commercial buildings”) of the third floor size of the ground-based building connected to the business facilities building (E buildings; hereinafter “instant building”) among the D residential facilities buildings of the Nam-gu Seoul Special Metropolitan City Office (hereinafter “instant building”). The main contents are as follows.

(hereinafter referred to as “instant sales contract”). Use and type of business: Total sales price: Sales price: KRW 726,045,00 (including value-added tax 59,235,000) 72,604,50: Down payment method (10%) 72,604,50 won at the time of a contract: The Plaintiff paid the down payment on the date when the contract comes first between the actual sales price and the expiration date, and the Plaintiff paid the intermediate payment to the Defendant Company totaling KRW 363,02,50,000 as sales price.

The payment date of the remainder under the instant sales contract was set on September 30, 2014, but the Plaintiff delayed the payment of the remainder, and the Defendant Company urged payment of the remainder from November 7, 2014. On August 25, 2015, the Defendant Company notified the Plaintiff of the cancellation of the instant sales contract on September 15, 2015, on the grounds that the payment is unpaid, etc.

On August 8, 2013, immediately after the instant sales contract was concluded, the Plaintiff entered into a sales contract for the instant commercial building 302, including the Plaintiff’s additional sales contract and the return of the sales price to the Defendant bank. On November 3, 2014, the Plaintiff entered into a sales contract for the instant commercial building 302, and entered into a lease contract for KRW 200,700,000 with the aid of G employees of the sales agency.

On July 24, 2014, the Plaintiff purchased the instant commercial building 317, but sold the said sales right on March 28, 2015.

121 to 124, 130 to 130, located at the center of the first floor of the commercial building of this case.