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(영문) 서울중앙지방법원 2020.06.05 2019가합579261
약정금
Text

1. The defendant shall pay to the plaintiff A KRW 118,366,200, and KRW 412,407,450 for each of them from January 31, 2020.

Reasons

1. Indication of claim;

A. On June 3, 2016, the Plaintiffs concluded a sales contract with the Defendant on June 3, 2016, with the content that: (a) the Plaintiff-owned share of 3/5 of the Plaintiff’s land for factory, 2,161 square meters and the above-ground buildings; (b) the share of 3/20 of the Plaintiff-owned land and the above-ground buildings; and (c) 3/4 of the share of 14,020,00,000 square meters out of the E large 46 square meters (hereinafter “instant sales contract”); and (c) the contract written in the course of concluding the said contract was concluded.

B. Article 11 (Special Agreement) of the sales contract of this case states that KRW 3.5 billion out of the plaintiffs' land price shall be the defendant's purchase of a knowledge industry center newly built on the ground of the relevant project site, and detailed matters, such as the sale price (15.5% discount compared to the amount stated on the approval of the project and the sales contract), the sale area, and the number of lots at issue, shall be determined by agreement at the time of the payment of the balance

C. The Plaintiffs, pursuant to the instant sales contract, on July 12, 2016, are as follows.

On October 20, 2016, Plaintiff A completed the registration of transfer of ownership under the name of Defendant with respect to each of the real estate stated in the paragraph, and Plaintiff A, under the remaining title, sold three rooms, such as G H, I, and J, newly built by the Defendant on the land purchased from the Plaintiffs from Plaintiff F Co., Ltd., Ltd. on the land purchased from the Plaintiffs, and completed the registration of transfer on February 19, 2019. Plaintiff B, on October 18, 2016, sold ten units, such as the above G KS, L, M, N, P, Q, R, S, and T, and completed each registration of transfer on February 19, 2019.

The Defendant did not pay to the Plaintiffs an amount equivalent to 15% of the sale price under Article 11 of the sales contract of this case. The total sale price of the three rooms sold by the Plaintiff A is KRW 789,108,00, and the total sale price of the ten rooms sold by the Plaintiff B (excluding the value-added tax on buildings) is KRW 2,749,383,00.

E. Accordingly, according to the instant sales contract, the Defendant: (a) KRW 118,366,200, 15% (=789,108,000 x 0.15) for the Plaintiff A; and (b) KRW 412,407, which is 15% of the total sales price for the Plaintiff B.

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