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(영문) 부산지방법원 2016.06.30 2016가합41534
위약금
Text

1. As to the Plaintiff’s KRW 4,600,000 and KRW 2,300,000 among them, the Defendant shall start on October 8, 2015, and the remainder of KRW 2,300.

Reasons

1. Facts of recognition;

A. On October 8, 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase of KRW 23,058 square meters (hereinafter “instant real estate”) of the Nam-gu Busan Metropolitan warehouse site of KRW 23,30,300,058 (hereinafter “instant sales contract”), and paid the down payment of KRW 2,300,000 at the time of entry into force of the contract, and paid the remainder of KRW 21,00,000 at the time of entry into force of the contract, and paid the balance of KRW 21,00,000,000 to the financial institution designated by the buyer as a collateral.

B. The key parts of the instant sales contract relating to the instant case are as follows.

Article 2 (Sale Price) (3) and B (Plaintiffs) shall not request the other party to increase or decrease the sales price and to bear additional expenses, etc. for any reason that no reason exists after the conclusion of this Agreement, except as otherwise provided for in this Agreement.

Article 5 (Duties of Seller) (2) A (Defendant) shall extinguish the rights restricted to the buyer's acquisition of ownership, such as the right to collateral security, right to lease on a deposit basis, right to lease on a deposit basis, right to lease on a deposit basis, pressure, provisional seizure or provisional disposition, and termination of the trust contract, and shall cancel

Article 16 (Indemnification) (1), except as otherwise provided for in this Agreement, where this contract is terminated due to a cause of Party A (Defendant), Party A shall pay to Party B an amount equivalent to twice the down payment under Article 3(1) as penalty.

B may not claim damages against A, in addition to the penalty for breach of contract by a medical specialist

(c) Where this contract is terminated due to the reasons referred to in subparagraph (2), the down payment received by Party A shall revert to Party A as penalty;

(Attached Special Terms and Conditions)

1. A sales contract shall become effective in the submission of a consent to the sale and purchase by a trustee, the termination of an entrustment contract, and the written consent excluded from the trustee.

3. The balance of purchase and sale shall be the transfer documents and those of ownership at the financial institution designated by the purchaser.

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