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(영문) 전주지방법원 2020.06.17 2019가단29893
청구이의
Text

1. The Defendant’s case on July 14, 2015, such as the cancellation of a real estate sales contract for the Plaintiff at the Gwangju High Court (Seoul High Court) 2014Na3981.

Reasons

Title (related to usage fees of land)

1. The Plaintiff shall pay the Defendants KRW 50,000,000,000 as usage fees for the real estate listed in the separate sheet, and the Plaintiff shall pay KRW 20,000,000,000 until August 31, 2015 in two installments, and KRW 30,00,000 until December 31, 2015, respectively.

2. If the Plaintiff delays the payment of the installment under Paragraph (1) to the Defendants on one occasion, the Plaintiff shall immediately lose the benefit of the time and shall pay the unpaid amount at the time of delay plus damages for delay calculated at the rate of 20% per annum from the day following the day of delay until the day of full payment.

(with regard to Land Sale and Purchase)

3. The Defendants sell and purchase real estate listed in the separate sheet to the Plaintiff at KRW 210,000,000.

The specific performance of the obligation is as described in paragraph 4 below.

4. In regard to the disposal of shares in the above real estate owned by Defendant B, the Ministry of Education and Human Resources Development shall obtain permission and notify the Plaintiff of the fact, twenty days after the date of notification;

A. The Defendants: (a) receive from the Plaintiff all the unpaid amount of KRW 175,00,000 out of the purchase price stated in paragraph (3) and paragraph (1) of the said paragraph; and (b) simultaneously implement the registration procedure for ownership transfer with respect to the said real estate to the Plaintiff;

B. At the same time, the Plaintiff received the registration procedure for ownership transfer of the above real estate from the Defendants, and at the same time paid to the Plaintiffs the entire amount of KRW 175,00,000 out of the purchase price stated in paragraph (3) and paragraph (1).

(c) each omission of paragraphs (c) and (d).

5.(a)

The Defendants No. 4-A

Although the plaintiff offered performance as stated in the paragraph, the plaintiff 4-b.

In the event that the obligation described in the subsection is not fulfilled, the Plaintiff shall pay to the Defendants a penalty of 20% per annum from the day following the day on which it was provided to the Defendants for performance of KRW 175,00,000 until the day of completing the obligation;

B. The plaintiff 4-B

Although the Defendants offered performance as stated in the subsection, Article 4-A of the Defendants

subsection (b) of this subsection.

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