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(영문) 춘천지방법원 2018.04.25 2017가단2253
해약금
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall pay to the plaintiff KRW 10 million and five million among them.

Reasons

1. Basic facts

A. On July 3, 2014, E, F, G, and the Defendant awarded a successful bid for the instant forest in the process of compulsory auction, and completed the registration of ownership transfer on July 3, 2014 (with respect to the instant forest, 3/6 shares, and 1/6 each of the remaining 1/6). On July 10, 2015, the Defendant completed the registration of creation of a mortgage and superficies with respect to the instant forest, including the maximum debt amount of KRW 480 million, the debtor E

On the other hand, F’s share was transferred to H Co., Ltd. (hereinafter “Nonindicted Company”) on March 30, 2016.

B. On April 21, 2016, the Plaintiff entered into a contract with the Defendant to purchase the instant forest (hereinafter “instant contract”). A sales contract and the purchaser entered into a consulting contract stating that KRW 400 million shall be KRW 100 million for the purchase and sale of the instant forest and consulting on the construction thereof from the seller (the contract amount shall be KRW 15 million, and the remainder payment period shall be KRW 85 million shall be September 21, 2016) with the content that the buyer shall receive KRW 100 million from the seller (the remainder payment period shall be September 21, 2016) (the proviso to Article 6(1) of the Agreement provides that “In the event that the contract becomes null and void, the land sale and purchase case shall be null and void, and the down payment shall be reverted to the seller).”

Article 1. 40 million won, five million won of down payment, and part payments, shall be replaced by the remainder;

The seller of Article 2, which received any balance of the purchase price from the buyer, at the same time delivers all documents necessary for the registration of transfer of ownership to the buyer, and cooperates with the registration of transfer, and immediately pays any balance of the real estate.

Article 3 If any ground exists to restrict the exercise of ownership, such as mortgage and superficies established on the above real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall transfer the full ownership to the buyer by removing the defects, burdens, etc. of the rights by

except in cases of rights and amounts agreed to succeed.

Article 5. The buyer shall pay the intermediate payment to the seller (if there is no intermediate payment, the balance).

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