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(영문) 서울고등법원 2018.02.23 2015나29796
위약금 및 구상금
Text

1. Paragraphs 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim extended at the trial.

Reasons

1. Basic facts

A. (1) On July 6, 2009, the Plaintiff entered into a contract for sale in lots and succeeded (1) to E on July 6, 2009, the Plaintiff entered into a contract for sale in lots with the F apartment of Kimpo-si (hereinafter “instant apartment”) of KRW 109 1103 41,260,000,000,000 for KRW 113 1602 5829,000,000 for the same apartment to the Defendant B on February 3, 2010, KRW 104 1802 41,3140,000,000 for the same apartment to the Defendant C on July 15, 2009, KRW 109 1903 41,260,000,000,0000 for each of the instant apartment buildings (hereinafter collectively referred to as the “instant sales contract”).

(2) Defendant A succeeded to the rights and obligations pursuant to the instant sales contract, written on October 26, 2010 to E, and Defendant D to G on March 16, 2011.

(1) Article 2 (Cancellation and Termination of Contracts) (1) The seller may cancel or terminate this Agreement where the buyer (the Defendant) does not perform an act falling under any of the following subparagraphs even after the peremptory notice after performing such act:

[Attachment]

(4) If the contract is terminated or terminated under paragraphs (1) and (2), the sale price already paid by the purchaser shall be appropriated in the order of penalty, late payment (including late interest), loan, etc.

Article 3 (Penalty) (1) Where this contract is terminated due to a cause falling under Article 2 (1) and (2), the buyer shall compensate the seller for 10% of the total amount of the supply price for the penalty for breach of contract.

[] Article 6 (Payment of Contract Amount, Installment Payment, and Balance) 2/ [2] Interest on a buyer’s loan to a financial institution arranged by a seller shall be paid preferentially by the seller from the date of commencement of occupancy designated later by the seller to the date of payment of interest on the month preceding the date of commencement of occupancy. / [Liability for Taxes and Taxes] Any tax and public charges incurred after the expiration of the designation period of occupancy after the expiration of the designation period of occupancy.

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