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(영문) 수원지방법원성남지원 2020.02.20 2019가합404122
약정금
Text

1. The defendant shall make a registry office of the Dong-si District Court with respect to one-half share of the 896 square meters of Gu-si D-si Do-si 896 square meters.

Reasons

1. Basic facts

A. On June 19, 2017, Plaintiff A purchased the instant real estate owned by the Defendant from the Defendant in KRW 920,000,000, and the down payment of KRW 92,000,000 on the date of the contract, and the first intermediate payment of KRW 208,00,000 on the date of the contract, and the second intermediate payment of KRW 100,000 on the date of the contract.

7. On December 31 of the same year, the remainder 520,000,00 won was paid on December 31 of the same year, and the sales contract was concluded for the provisional registration of the pre-sale contract at the time of payment of intermediate payment (hereinafter “instant sales contract”), and the Defendant paid the down payment amount of KRW 92,00,000 to the same day.

Since then, on June 23, 2017, the date of the first intermediate payment, Plaintiff A paid KRW 208,000,000 to the Defendant, and only KRW 12,000,000 on July 19, 2017, the date of the second intermediate payment, and thereafter Plaintiff B paid KRW 72,00,000 on four occasions from July 21, 2017 to December 15, 2017.

B. On the other hand, on July 19, 2017, at the second intermediate payment payment date, the Defendant completed a provisional registration with regard to the instant real estate (hereinafter “instant provisional registration”) as stated in paragraph (1) of the disposition.

C. On May 8, 2018, the Plaintiffs drafted a performance note as follows (hereinafter “instant performance note”) with the Defendant.

[Rejection of Performance] The seller, the defendant, and the purchaser A agreed to terminate the sales contract of this case and promise to perform each other as follows.

1. The defendant shall pay 397,00,000 won to the person having the provisional registration of the real estate of this case (the plaintiff A) and 97,000,000 won to the person having the provisional registration of the real estate of this case, respectively, after deducting 15,00,000 won for the defendant's damages agreed on the down payment and part of part of the intermediate payment paid by the plaintiff A as the purchase price of the land.

2. The Plaintiffs, a person holding a provisional registration, receive the amount under the above paragraph (1) and simultaneously cancel the registration of the instant real estate sales contract.

3. The Plaintiffs, who are provisional registration holders, are real estate of this case.

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