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(영문) 서울중앙지방법원 2019.10.18 2019가합551201
약정금
Text

1. The Defendant shall pay KRW 530,000,000 to the Plaintiff at the rate of 20% per annum from November 1, 2018 to the date of complete payment.

Reasons

Basic Facts

C and D, as of October 31, 2017, with E, sold KRW 3.2 billion in the wife population F, G, H, and I total of KRW 3,816 square meters (hereinafter “instant land”) to E, a corporation. However, C and D transferred the ownership of the instant land to the Plaintiff, and E established a separate corporation to obtain the ownership of the instant land from the Plaintiff (hereinafter “the instant initial sales contract”).

The Defendant was established on July 9, 2018 according to the first sale contract of this case, and C and D completed the registration of ownership transfer on the instant land to the Plaintiff on August 22, 2018.

On August 23, 2018, the Plaintiff prepared a real estate sales contract (Evidence A No. 8) under the first sales contract with the Defendant.

(2) The Plaintiff and the Defendant, as the date of entering into the instant modified contract, entered into a contract on October 31, 2017, on which the date of entering into the instant modified contract, was the date of entering into the instant modified contract, and the date of entering into the instant modified contract, which was the date of entering into the instant modified contract.

In the event that the Defendant did not pay the remainder, the Defendant first performed the procedure for the registration of ownership transfer of the instant land, and requested the Plaintiff to pay the remainder by borrowing the instant land as security.

On September 4, 2018, the Plaintiff agreed to pay damages for delay at the rate of 20% per annum to the Plaintiff by October 31, 2018, instead of first implementing the procedure for the registration of ownership transfer with respect to the instant land. However, the Plaintiff agreed to pay the remainder to the Plaintiff at the rate of KRW 530 million until October 31, 2018.

(hereinafter “instant agreement”). On September 5, 2018, the Plaintiff completed the registration of ownership transfer of the instant land pursuant to the instant agreement, but the Defendant was the Plaintiff.

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