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(영문) 인천지방법원 2019.04.30 2018가합52548
위약금 지급 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts (the instant sales contract)

2. Sales price: 3.150 million won in the contents of a contract: See Attached Form 1.55 million won in part payment and remainder payment.

4. If the seller has neglected the contract deposit, he shall compensate the buyer for the double amount of the down payment by penalty, and if the buyer has neglected the contract deposit, the down payment shall be regarded as a penalty, and lost the right

[Attachment to the Contract of this case]

1. Payment of part payments: 150 million won shall be paid on November 30, 2017.

2. The buyer shall take the second priority over the above real estate to the seller and shall set up a KRW 1.6 billion to the seller; and

3. The above KRW 1.6 billion out of the total amount of KRW 1.6 billion shall be paid at the time of loan after the completion of the construction work, and KRW 600 million shall be paid KRW 300 million on March 25, 2018 at the time of the second record on the P.F funds for construction of the above land, and KRW 300 million on June 25, 2018 shall be paid.

4. The seller shall settle accounts of the buyer and the actual expenses incurred in performing any construction works on the real estate;

(B) A transfer registration shall be made prior to the transfer of land. Additional loans of a corporate bank amounting to 2.2 billion won shall be succeeded by the purchaser.

From October 2017, the Defendant, from around 820.7 square meters (hereinafter “instant land”) owned by the Defendant, was proceeding with the construction of officetels and multi-family housing (hereinafter “instant construction”) on the ground of the land owned by the Defendant. On November 28, 2017, the Defendant, on November 28, 2017, sold the instant land to the Plaintiffs to continue the instant construction, and entered into a sales contract with the Plaintiffs (hereinafter “instant sales contract”).

On the same day, the Plaintiffs paid the Defendant the down payment of KRW 150 million according to the instant sales contract.

B. On November 29, 2017, the Defendant sent to the Plaintiffs a written estimate of the instant construction, details of the use of the corporate card, and details of the weather particulars including the Defendant’s expenditure of the boundary restoration survey, civil petition agreement cost, etc. for the instant construction. The Defendant paid the land acquisition tax and the registration cost to Plaintiff B.

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