(영문) 서울고등법원 2017.08.31 2016나2081438

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(영문) 서울고등법원 2017.08.31 2016나2081438

위약금

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

On September 17, 2015, the Plaintiff and the Defendants entered into a sales contract with the Defendants on September 17, 2015, with respect to the purchase price of KRW 988,00,00,000,000 and KRW 266,000,000,000 and KRW 97.5,000,000,000 and KRW 97.5,000,000,000,000 and KRW 97.16,000,000,000 and KRW 18,000,000,000,000,000 and KRW 888,00,000,000,000 in the remainder of the land owned by the Defendants, respectively, on November 20, 2015.

(hereinafter “instant sales contract”). However, the contract of the instant sales contract is accompanied by the special agreement attached thereto.

Article 1 of the Special Agreement provides that "The removal of a building shall be made in the state of basic and present facilities. The buyer shall be the buyer, and the buyer shall be the condition that the building in E be removed first before the remainder of five days."

Article 6 of the Special Agreement provides that "The name of a purchaser may be changed at the time of payment, and the contract may be re-preparation without changing the purchase price due to the seller's transfer tax."

Article 7 of the Special Agreement provides that "20 million won out of the contract amount shall be paid at the time of the contract, and KRW 20 million shall be remitted on September 21, 2015, and KRW 80 million shall be the remittance amount on October 19, 2015."

The Plaintiff paid to the Defendants KRW 20 million on the day of the contract as down payment, and remitted each of the KRW 20 million to Defendant B’s account on September 21, 2015, and KRW 80 million on October 19, 2015.

[Ground] The Defendants first provided the Plaintiff with documents necessary for the registration of transfer of ownership so that the Plaintiff may obtain a loan on each of the land of this case as security and pay any balance to the Plaintiff, with the summary of the Plaintiff’s assertion as to the Plaintiff’s claim as to Gap’s evidence Nos. 1 through 4, Gap’s evidence No. 1-2, Gap’s evidence No. 3-1, 2, and 3, and the purport of the entire pleadings.

Each land of this case shall be separately determined by parcel.

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