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(영문) 수원지방법원 여주지원 2018.03.13 2017가단2085
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 20,000,00 and 5% per annum from April 1, 2015 to March 13, 2018.

Reasons

Facts of recognition

On July 22, 2013, the Plaintiff and Defendant B concluded a sales contract for the purchase price of 588 square meters (which was later divided into E land; hereinafter “instant land”) out of 14,246 square meters of D Forest land owned by Defendant B in Yangyang-gun, Gyeonggi-gun, the Gyeonggi-do.

The above contract contains a special clause that the seller imposes on the seller the flat work and sewage, sewage, and road package to the land subject to the sale.

After the survey, the actual area of the instant land was confirmed to be 660 square meters, and the sales price was adjusted to KRW 100 million according to the actual area.

The plaintiff from July 22, 2013 to the same year

9. Until December 24, 200, Defendant B paid 100 million won in full, and completed the registration of ownership transfer on the instant land on December 9, 2013.

On March 12, 2015, the Defendants prepared a performance note to the Plaintiff stating that “the Defendants shall complete the construction of access roads and wastewater treatment facilities connecting the land subject to sale and the existing roads pursuant to the instant sales contract by March 31, 2015, and, if they fail to comply with the said contract by the said deadline, the Plaintiff shall directly perform the said construction works. In this case, the Defendants jointly and severally pay KRW 50 million to the Plaintiff the construction cost for road construction, etc. and all damages.” (hereinafter “instant letter”).

(The agreement amount of KRW 50,00 (hereinafter referred to as the "agreement amount of this case"). (Grounds for recognition) The facts that there is no dispute, each entry in Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.

As Plaintiff B’s assertion by the parties failed to complete the installation of access roads and wastewater treatment facilities under each of the instant agreements until March 31, 2015, Defendant B shall pay the Plaintiff the instant agreement amount in accordance with the said respective agreements.

The Defendants stated that the Defendants would pay KRW 50 million to the construction cost in a case where the Plaintiff directly installs access roads and wastewater treatment facilities.

However, there is a problem.

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