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(영문) 대구지방법원 경주지원 2021.02.16 2019가단2004
위약금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On March 16, 2012, the Defendant completed the registration of transfer of ownership due to each sale, with respect to the shares of 1322/24198 shares among the shares of 1322/24198 square meters (hereinafter “land before the instant subdivision”) of C forest land 24,198 square meters (hereinafter “land before the instant subdivision”), and shares of 661/24198 on May 2, 2013.

The land before the completion of the agreement is the G real estate voluntary auction, which was awarded a successful bid of KRW 610 million under the agreement between D and the Defendant on June 8, 2015, and is the land determined to be sold at present by the Defendant’s investment of KRW 61 million and KRW 1 million in the bid bond of KRW 60 million in the amount of KRW 61 million in the bid bond, and KRW 1 million in the amount of KRW 10 million in the amount of KRW D and the Defendant promised to pay KRW 60 million in the bid principal and KRW 60 million in the bid as agreed before the participation in this case.

The defendant shall provide documents to D to transfer ownership at the time of payment of KRW 220 million in cash.

The payment of any balance on this case shall not exceed 520 million won, the balance of the shortfall 29 million won, and the ownership transfer cost of 30 million won, within the payment date, D.

After the conclusion of the letter of commitment to this Agreement, all the powers of this land shall be D and shall be paid by D for the completion of restoration works, civil engineering works, design costs, royalties and permission costs, and all the expenses related thereto, and the defendant shall actively cooperate.

(Ba)

7. Special Terms and Conditions 1) Of KRW 220 million, KRW 60 million was paid on July 30, 2015, the Defendant, D, E, and F drafted a letter of implementation of the following agreements with respect to the land before the instant partition (hereinafter referred to as “written implementation of the instant agreement”).

On July 13, 2015, the Defendant completed the registration of the transfer of ownership due to a sale by auction for the remaining shares of the land prior to the instant partition on July 13, 2015, and completed the registration of the creation of a collateral security right with the debtor as the defendant to the International Association of the mortgagee (hereinafter “I”) near the same day.

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