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Reasons
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(영문) 서울남부지방법원 2018.05.29 2017가합107033
약정금
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1. Defendant C and D are jointly and severally liable to the Plaintiff for 300,000,000 won, and Defendant C and D are jointly and severally liable to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B (hereinafter “the deceased”) obtained a project to develop F, G, H, and nine parcels of land from the Namyang-si, Nam-si, Nam-si, and (hereinafter “instant project”) and conducted the instant project.

In the indication of real estate: I (A) in relation to the resale, etc. of the above real estate in Namyang-si, Namyang-si, I (A - 760 m23 m230 m230 m2), the seller and the seller B, C, K (hereinafter referred to as “A”) and A (hereinafter referred to as “B”) agree as follows:

1. A shall enter into a sales contract of KRW 240,00,000, which is the total sale price for the above real estate 1, and issue a certificate of full payment for the sale price in full, and after full payment of KRW 240,00,000,000 for the above real estate is made, B shall pay KRW 300,000 to June 30, 2016, and purchase the above real estate again from Section B.

2. If Party A is unable to make a new purchase by paying the money to Party B as described in paragraph 1, Party B may claim KRW 300 million for the purchase price to Party B, and selectively may demand Party B to transfer the ownership of the said real estate, and upon Party B’s request, Party A shall cancel various restrictive registrations, such as the registration of creation of a neighboring superficies, the registration of creation of superficies, the registration of seizure and provisional seizure, etc., established on the said real estate, and complete the transfer of ownership within 30 days from the date of request in installments and complete the civil engineering work so that Party B may build

3. Where the fulfillment of the obligations of Party A under each of the above paragraphs is delayed, Party A shall pay Party B a penalty for penalty on a monthly basis.

4. The obligation of Party A under each of the above paragraphs is jointly and severally liable by Party A1 (referring to Party B), Party A2 (C) and Party A3 (referring to Company D).

B. At the time of March 18, 2016, the Plaintiff and the Deceased, who was the owner of Namyang-si I, as of March 18, 2016, KRW 240,000,00.

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