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(영문) 서울중앙지방법원 2017.06.02 2016가합515693
위약벌 청구의 소
Text

1. The defendant shall pay 2,00,000,000 won to the plaintiff and 15% per annum from April 6, 2016 to the day of complete payment.

Reasons

Facts of recognition

The Plaintiff is a stock company with major business objectives such as housing construction business, building construction business, housing site development business, etc., and is a project implementer of a housing construction project for a "new complex complex construction project" (hereinafter referred to as the "project of this case").

(B) The Plaintiff owned the Plaintiff’s real estate development business, gas station business, etc. (hereinafter “instant land”) and the instant land gas station building (hereinafter “instant building”) on the ground that the Plaintiff owned the instant land and the instant building collectively referred to as “the instant land and the instant building”). The Defendant was a stock company with the main business purpose of real estate development business, gas station business, etc. (hereinafter “instant land”).

On May 20, 2015, the Plaintiff purchased each of the instant real estate in KRW 10 billion from the Defendant (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 1 billion on May 21, 2015.

The contents of Article 3 (Conditions for Payment of Sale Price) of the First Sales Contract are as follows.

Article 3:Conditions for Payment of Purchase Price: Within 5 days after the conclusion of the contract at the rate of 10% of the down payment due date, or May 21, 2015.

(a) Written consent to land use for authorization and permission;

(b) The balance of the general certificate of seal impression for authorization and permission 90%, May 28, 2015, or another date designated by the purchaser (hereinafter referred to as "the date of completion of trading");

(a) Documents necessary for transfer of ownership, such as a certificate of personal seal impression for sale;

(b) A statement of confirmation and confirmation of the degree of resettlement, etc.;

(c) Certification of Cancellation of Restriction on Rights (Confirmation) ① Sales amount shall be paid as follows:

(2) A seller shall ensure that a purchaser can acquire all lawful and effective ownership and possessory right over the subject matter of sale and purchase of land, etc. by no later than the date immediately before the date of completion of sale and purchase without any burden.

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