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(영문) 광주지방법원 2016.09.30 2016가단508060
위약금 등 청구의 소
Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from April 26, 2016 to September 30, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 1, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 708,660,000 (hereinafter “instant sales contract”) the purchase price of KRW 1,329 square meters and KRW 516 square meters prior to the Gwangju Mine-gu, Gwangju (hereinafter “instant real estate”) owned by the Defendant under the brokerage of the C Licensed Real Estate Agent Office (Licensed Real Estate Agent D), and the details of the said contract are as follows.

2. Article 1(1) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount by agreement as follows with respect to the sale of the instant real estate.

Sales proceeds: 708,660,000 down payment of KRW 60,000: Payment at the time of a contract and an intermediate payment of KRW 60,000,000: Payment on February 19, 2016.

Any balance of KRW 588,660,000: payable on March 16, 2016.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price and the registration of transfer of ownership, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedure, and the delivery date of the said real estate shall be March 1

Article 6 (Non-performance of Obligations and Compensation for Damages): In cases where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

4. The buyer may change the name of the contract until the balance is reached, and the seller shall furnish ownership transfer documents at the time of a buyer’s decision.

B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 60,000,000 on February 1, 2016, and the intermediate payment of KRW 60,000 on February 19, 2016, respectively.

C. On March 16, 2016, the remaining payment date, the Plaintiff prepared for the remainder, together with a certified judicial scrivener employee who is in charge of registration affairs.

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