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Reasons
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(영문) 울산지방법원 2014.10.02 2014가합181
위약금
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1. The Defendant’s KRW 52,00,000 as well as the annual rate of KRW 5% from February 8, 2014 to October 2, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 2013, the Defendant decided to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant, and paid KRW 8,000,000 as a provisional contract deposit.

B. On December 20, 2013, the Plaintiff and the Defendant agreed to sell each of the instant real estate at KRW 850,000,000 for the price (hereinafter “instant sales contract”); and on November 29, 2013, the date of the contract was retroactively entered into a sales contract. The main content is as follows.

[Article 2] The seller sells the real estate mentioned above to the buyer in its present condition with the price entered below, and the buyer purchases it.

1. Sales proceeds: 850,000,000 won;

2. Land sale price in the purchase price: 350,000,000 won;

3. Sales proceeds of buildings: 500,000,000 won.

4. Contract deposit: 8,000,000 won shall be paid at the time of the contract, and

5. 12,00,000 down payment shall be paid on December 23, 2013;

6. Balance: 730,000,000 won paid on December 23, 2013;

7. Deposit: 100,000,000 won.

8. Rent: 4,013,00 won (Article 3) shall be the seller, at the same time, shall deliver all documents necessary for the registration of ownership transfer to the purchaser and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be December 23, 2013;

Matters of special agreement

2. The value-added tax on buildings shall be borne by the purchaser.

3. The corporate tax and income tax shall be borne by the purchaser;

4. Of the sales contract amounting to KRW 120,000,000, KRW 8,000,000 received as the Plaintiff’s passbook, and the remainder KRW 112,00,000 shall be paid in full until December 23, 2013. If the buyer fails to pay the remainder of KRW 112,00,000 until the said date, he/she shall pay to the seller a penalty for breach of contract the sales contract amount to be paid to the seller.

C. On December 23, 2013, the Plaintiff urged the Defendant to pay the purchase price under the instant sales contract.

The defendant intends to borrow money equivalent to the purchase price.

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