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(영문) 광주지방법원 2021.02.03 2019나66858
해약금
Text

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaging in real estate development business, etc., and Defendant C is the representative of Defendant B’s sentence (hereinafter “Defendant C”).

B. Of each real estate listed in the separate sheet (hereinafter “instant land”), the land listed in paragraph 1 among the real estate listed in the separate sheet is registered under the name of the Defendant’s door (hereinafter “Defendant’s door”) for each land listed in Articles 3, 4, 5, 7, and 9 under the name of the Defendant’s door (hereinafter “Defendant’s door”), and each ownership of the remaining land is registered under the name of the R clan, and the remaining land is registered under the name of a third party (hereinafter “the remaining land of this case”).

(c)

On February 9, 2018, the Plaintiff paid KRW 3,000,000 to Defendant C, a representative of Defendant literature.

(d)

Around April 16, 2018, a summary of the instant agreement was drawn up between the Plaintiff and the Defendant literature with respect to the instant land (hereinafter “instant agreement”). The key contents are as follows (hereinafter “instant joint agreement”). A summary of the agreement: The indication of the instant land within its use: (a) the instant land:

1. The defendant's door and the plaintiff agree on the whole area of the object.

(1) Contract area: Total of 44,364 square meters, 13,471 square meters.

3. Sale price: The defendant's door shall consist of KRW 120,00 per square meter of land, and 80,000 per square meter of the remaining land, and no objection shall be raised.

4. Upon the preparation of this contract, the Plaintiff shall pay 100 million won to the Defendant’s literature as down payment.

Down payment: The intermediate payment of KRW 100,000,000 by no later than March 10, 2018: the remainder of KRW 600,000,000 until November 30, 2018: (a) the intermediate payment method of KRW 708,720,000 by no later than May 10, 2019 (no later than the intermediate payment, if the Plaintiff is able to sell or purchase a housing site during the course of his/her business, regardless of the remaining payment date, the intermediate payment and the balance may be made frequently as a prop joint project)

Provided, That the defendant's door shall be limited to the total contract price of the entire contract site.

5. The Plaintiff shall submit a business plan for the subject matter to the Defendant’s literature simultaneously with the preparation of this contract.

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