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(영문) 부산고등법원 2016.09.29 2015나3068
약정금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim for the extended reduction in the trial room, shall be modified as follows:

Reasons

1. Basic facts

A. The Defendant and C Company promoted the construction project of the construction project of the main complex building (hereinafter “instant project”) on the lots outside the 56th, the 7th, and the total floor area of 37,221 square meters, which include the building of the 15th above ground located in Ulsan Jung-gu E, F, and G, Ulsan-gu, and the 15th above ground located in G (hereinafter “instant building”).

B. On August 6, 2007, the Plaintiff entered into a contract to sell the instant building to C Co., Ltd. in KRW 3.5 billion under the following terms and conditions of payment:

C A Co., Ltd. shall pay 3.5 billion won to the Plaintiff the price of the building within 90 days after obtaining the construction permit approval.

C A Co., Ltd. shall pay 3.5 billion won to the Plaintiff within 60 days when the construction is decided upon with the approval of the construction permit.

If the above conditions are not fulfilled, C shall transfer its license to the Plaintiff without any condition, and if the above conditions are fulfilled, the Plaintiff shall transfer its license and license to C immediately.

C. On July 13, 2012, the Defendant and C Co., Ltd. prepared and delivered to the Plaintiff a letter of payment of the building price (hereinafter “instant letter”) with the following content.

In each of the instant statements, the Defendant’s employee seal impression was affixed to the name next to the Defendant’s representative director H, and the Defendant and C’s corporate seal impression certificate was attached thereto.

Location: Ulsan Jung-gu E, F, and G three lots of land (building): 2 underground and 15th above ground (2,414): D's representative director D's price of the building owned by the plaintiff: 3.5 billion won, the price of the building that was owned by the plaintiff was promised to be paid KRW 3.5 billion before the commencement of the construction of the main complex building, and if the construction of the main complex building is unable to be implemented, the project owner shall be able to waive the project right without any problems such as sub-transfer to the plaintiff. If, after the end, there is a cause of objection to the present letter of performance.

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