(영문) 서울중앙지방법원 2021.01.14 2020가합503420

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(영문) 서울중앙지방법원 2021.01.14 2020가합503420

약정금

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Defendant B shall pay to the Plaintiff KRW 30,000,000 as well as 12% per annum from January 30, 2020 to the day of complete payment.

Reasons

. If all of the purchases are delivered to the buyer, within one day, the buyer shall pay each contract price within two days from the date of receipt of the receipt number by the competent court;

(2) Where a contract for the remaining heir's share has not been concluded by January 31, 2019 (where it is extended pursuant to Article 5 (2), the deadline therefor) the following shall be dealt with:

1. The buyer may make a registration for the transfer of ownership for B's share (land and buildings) and have the seller enter into a contract for the remaining share continuously;

In such cases, the deadline for extension of the conclusion of a contract for all shares shall be the time limit designated by the purchaser, and the seller shall have the PM service company deliver the documents for transfer of ownership in custody to the purchaser immediately.

2. If the contract is rescinded because the purchaser does not want to do so, the contract deposit of KRW 3 billion ( KRW 3 billion* interest rate of KRW 500 million) and the contract deposit of KRW 500 million ( KRW 500 million* 500 million interest rate) and the intermediate payment of KRW 2 billion (2 billion* 5 billion interest rate) shall be refunded within seven business days after being notified of the cancellation.

If the seller fails to fulfill his/her duty to return, 15% per annum interest shall be paid, and the buyer may file for registration of transfer of ownership on B's portion as a security for the amount of compensation (the seller shall immediately deliver the documents for transfer of ownership held by the PM service company to the buyer), and with respect to the duty to return of the seller, C among co-inheritors shall be jointly and severally guaranteed.

(4) Where a purchaser under paragraph (2) 1 selects a continuous contract after the registration of transfer of ownership of B shares, it is deemed impossible for the purchaser to conclude a contract with the remaining holders of shares, or it is impracticable for the purchaser to perform a new construction project of multi-family housing due to reasons not attributable to the purchaser, such as a delay in concluding the contract or a delay in

If it considers, the contract shall be rescinded.

유사 판례

-서울중앙지방법원 2021.01.14 2020가합503420

-서울중앙지방법원 2019.03.21 2018가합561720

-광주지방법원 2017.08.17 2016가합59077

-인천지방법원 2019.04.05 2017가합54578

-수원지방법원안양지원 2017.09.15 2016가합103328