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(영문) 서울중앙지방법원 2016.07.21 2015가합550392
위약벌 등 청구
Text

1. The Defendants jointly share KRW 139,838,709 against the Plaintiffs and Defendant C with respect thereto from August 26, 2015, and Defendant D.

Reasons

1. Basic facts

A. On August 6, 2013, Plaintiff A purchased 103, 701 through 704, 801 through 804, 901, 903, 904, 1002, 1004, 1102, 1201, 1202, 1202, and 1301 (hereinafter “18 houses, etc.”) from Defendant D’s office located in Yeongdeungpo-gu Seoul Metropolitan Government and the same GuF (hereinafter “instant building”).

(hereinafter “instant First Sales Contract”). B.

Plaintiff

B purchased from Defendant C at KRW 101, 201 through 204, 301 through 304, 401 through 404, 501, 1001, B101, B102, B103, B201 (hereinafter “19 rooms, etc.”) from August 6, 2013.

(hereinafter “instant secondary sales contract”. The instant sales contract and the instant secondary sales contract are collectively referred to as “instant sales contract.”

The provisions relating to the instant sales contract relating to the instant case are as follows.

Article 9 of the 1st sale contract of this case (the special agreement that overlaps with the above contents) of the 1st sale contract of this case provides 401, 701-704, 801-804, 901, 903, 904, 1001, 1002, 1102, 1102, 1201, 1202 and 1301 of the 19th sale contract of this case (hereinafter referred to as "401") with Defendant C.

6 months from the date of the balance and to deliver to the buyer the balance. In order to secure this Agreement, in the name of Defendant C and D, a deposit account of KRW 310 million shall be opened and paid to the National Bank in the name of Defendant C and D, and the buyer shall have the right of pledge shall be established. In addition, if the construction management liability of the building is not completed by the six-month period which has agreed to the order under the above paragraph 5, the seller shall be responsible for the management of the building by the date of completion of the order, the purchase shall be paid by calculating the amount of KRW 15 million each month from the six-month period until the completion of the entire order. The terms and conditions of Article 9 of the second sale contract of this case shall prevail over the special agreement.

[5] The seller is the defendant.

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