(영문) 서울중앙지방법원 2015.10.20 2014가단5259423 (1)

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(영문) 서울중앙지방법원 2015.10.20 2014가단5259423 (1)

위약금 청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 3, 2013, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant and the Defendant, as a broker of C, to sell D 2,705.7m2, E 1,503m2 (hereinafter “each of the instant lands”) constructed on each of the instant lands to the Plaintiff, and the instant building, etc. affiliated buildings constructed on each of the instant lands (hereinafter “instant building”) to sell each of the instant lands (hereinafter “each of the instant real estate”).

Each of the instant real estate was the real estate owned by the deceased deceased on May 8, 2013 before the conclusion of the sales contract, and the Defendant stated “the deceased F’s heir B” in the seller’s column.

The main contents of the instant sales contract are as follows.

Article 2 The buyer pays to the seller the sum of KRW 40 million on September 13, 2013, which is the date of the contract, the remainder of KRW 50 million on September 28, 2013, respectively.

Article 3 List of Real Estate in this case shall be December 26, 2013.

Article 5 The seller shall deliver all documents necessary for the registration of transfer of ownership to the purchaser and shall cooperate with the registration of transfer when he receives any balance.

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination and shall not claim the return thereof.

Matters of special agreement

1. The successful bidder shall succeed to the creation of a right to collateral security on each of the instant real estate;

2. The buyer purchases the instant building as its present condition.

3. The report on the actual transaction of each of the instant real property is filed by the seller after the seller completes the registration of inheritance.

B. On September 13, 2013, the date of the contract, the Plaintiff paid KRW 40 million to the Defendant as the down payment.

C. On October 8, 2013, before the remainder date arrives, the registration of ownership transfer was completed due to inheritance due to the agreement division between the deceased F and G, who is the defendant, on the land in this case. The building in this case is due to inheritance due to the agreement division between the deceased F and H, who is the defendant.

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