(영문) 춘천지방법원 2021.02.09 2018가단4973

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(영문) 춘천지방법원 2021.02.09 2018가단4973

손해배상(기) 및 부당이득금반환

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C filed a civil suit with D and E as the Defendant (Seoul District Court 2017Gadan196), and the Defendant participated as the Intervenor in the instant lawsuit and concluded conciliation as follows on May 2, 2017 (hereinafter “instant conciliation protocol”). Article 35(1) of the conciliation protocol provides

1. Defendant E, D, and Mediation Intervenor B (hereinafter “the Defendants”) shall sell the Plaintiff F Building G (hereinafter “instant real estate”) at KRW 98,00,00,000 to the Plaintiff. The Plaintiff shall purchase the instant real estate (the previous sales contract on the instant real estate shall be null and void) on June 30, 2017. The Defendants shall pay the Defendants the balance of KRW 55,00,000,000 out of the purchase price (the amount of KRW 43,00,000 out of the purchase price is confirmed to have been already paid). The Defendants shall perform the transfer registration procedure with respect to the instant real estate by June 30, 2017 (No. 22372, Dec. 29, 2016) after cancelling the right to collateral security established on the instant real estate.

4. Where the Plaintiff A delays the payment of the purchase price under paragraph (2), the above sales contract becomes null and void, and the Defendants shall jointly and severally recover to the original state, and the amount calculated by the ratio of 15% per annum from July 1, 2017 to the date of complete payment.

5. Where the Defendants delayed the performance of paragraph 3, the above sales contract is null and void, and the Defendants jointly and severally pay to the Plaintiff A the amount of KRW 53 million and the amount calculated by the rate of KRW 15% per annum from July 1, 2017 to the date of complete payment.

6. Where both the Plaintiff A and the Defendants have delayed the implementation of the provisions of paragraph (2) or (3), the above sales contract becomes null and void, and the Defendants shall jointly and severally pay to the Plaintiff at the rate of 15% per annum from July 1, 2017 to the date of full payment.

7. Plaintiff C’s claim against the Defendants is waived, and this is applicable.

유사 판례

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