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(영문) 부산지방법원 동부지원 2018.11.21 2017가단217801
위약금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(b) the facts of the basis;

A. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and the building among the said real estate is the owner of the instant building.

B. On March 31, 2016, the Plaintiffs entered into a trade reservation with the Defendant as the right holder to trade the instant real estate (hereinafter “instant trade reservation”). The key content of the instant trade reservation is as follows.

**** Pre-Contract Shares: 1** As regards one-third share of the real estate of this case between the above parties, a pre-Contract shall be made as follows:

Article II Pre-Contracts for Sale shall be KRW 950,000,000.

Article 3 does not specify the date of the pre-sale payment, but at the same time, the plaintiffs paid the above price to the defendant and expressed their intent to complete the sale.

(hereinafter) In the event that there was an expression of intent to pay the price and to complete the sale under the preceding Article of Article 4, the ownership of the instant real estate shall be transferred to the Plaintiffs on this condition, and the Defendant shall immediately file an application for registration of ownership transfer of the instant real estate, and the instant real estate shall be delivered to the Plaintiffs.

Article 5 The defendant shall transfer to the plaintiff the full ownership without establishing the limited real right or the right of lease, etc. the real estate of this case.

Provided, That this shall not apply to matters that shall continue to exist under the mutual agreement.

Article 6 (1) The Plaintiffs paid KRW 190,00,000 to the Defendant at the time of the formation of this contract as the deposit money for the formation of this contract, and receive the same. (2) The instant deposit money also serves as the deposit money for the bond lease (person having chonsegwon: the Plaintiffs) concluded on March 31, 2016 for the instant building.

3 When the pre-sale price under this contract is fully paid to the defendant, the deposit money under the above paragraph shall be part of the purchase price.

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