(영문) 제주지방법원 2016.10.04 2016가단867

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(영문) 제주지방법원 2016.10.04 2016가단867

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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from August 23, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 27, 2015, the gold tower Construction Co., Ltd. (hereinafter “gold tower Construction”) that performed a new construction of the apartment housing of eight households located in Seopopo-si C (hereinafter “instant apartment housing”) from the Defendant entered into a contract with D on a sales agency contract for the instant apartment housing (hereinafter “instant sales agency contract”), and notified D of the Defendant’s personal information and deposit account as the owner of the instant apartment building, and issued the Defendant’s seal.

B. On May 2, 2015, D sold the Plaintiff and 401 of the instant multi-family housing (hereinafter “instant housing”) to KRW 156,00,000 under the name of the Defendant pursuant to the instant sales agency contract. Of the price, KRW 20,000,000, the sales contract was concluded with the effect that the remainder 136,000,000 won should be paid on June 2, 2015 (hereinafter “instant sales contract”), and the Plaintiff wired KRW 20,000,000 to the deposit account in the Defendant’s name pursuant to the instant sales contract on May 2, 2015.

1. The construction of gold tower shall terminate provisional attachment for the instant apartment units owned by the Defendant, and withdraw the lawsuit, and the Defendant shall first agree to the instant apartment units by paying KRW 272,00,000 to the construction of gold tower at the same time with the bank loans of the instant apartment units.

2. As to the four households [No. 301, 401 (Housing of this case), 402, 501] that were sold in lots by delegation of the sale of collective housing of this case, the defendant shall confirm the sale contract and enter into an agreement that they shall perform the sale contract according to the contents of the sale contract.

Provided, That where there is a household that is to terminate a contract for sale, the contract deposit shall be returned to the contractor, the contract for sale shall be terminated, and where there is a household that wishes to pay a penalty, the contract for sale shall be terminated by agreement between the seller and the refund of the contract deposit and compensation for the penalty within the scope of

3. The construction of a gold tower and the defendant.

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