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(영문) 광주지방법원 2016.07.08 2015가합1408
위약금
Text

1.(a)

Defendant C and D each of the above amounts to KRW 64,00,000, and KRW 16,000,000 for Plaintiff B and each of the said amounts.

Reasons

1. Facts of recognition;

A. The Seo-gu, Seo-gu, Seo-gu, Gwangju (hereinafter “instant forest”) indicated that the ownership preservation of the instant forest as Defendant C, D, and Dong L, with a 1/3 share of 1/3 as “O” but, on January 8, 2015, the change of the registered titleholder was made on the ground of the error in filing an application, and thus, the change of the registered titleholder was made (hereinafter “L”).

The registration was made as a co-ownership.

The deceased L on June 13, 1985, and Defendant E, F, G, H, I, and J are their successors.

B. On November 11, 2014, the Plaintiffs concluded a sales contract on the instant forest land with Defendant E and Defendant D representing the said Defendants, the heir of Defendant C and the deceased L (hereinafter “instant sales contract”).

The contents of the instant contract relating to the instant case are as follows.

Sales proceeds: 1,200,000 won down payment: 120,000,000 won shall be paid and received at the time of a contract: 1,080,000,000 won shall be paid on January 7, 2015.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and cooperate with the registration procedure, and the delivery date of the said real estate shall be January 7, 2015

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, 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 the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

A special agreement: If the power of attorney of the seller is supplemented, the down payment shall be deposited into the account of the buyer, and this contract shall take effect at the same time as the down payment is deposited.

The deposit account for purchase price: The NC seller, buyer: Personal information and equity ratio are as shown in the attached Form.

1. Defendant C-.

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