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(영문) 대구지방법원 2019.07.25 2018가합205920
약정금
Text

1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 270,000,000 to the plaintiff.

Reasons

1. Basic facts

A. On March 2, 2014, the Plaintiff entered into a lease agreement with C to lease a building on a deposit of KRW 50 million, monthly rent of KRW 1 million, and from March 2, 2014 to March 1, 2024, which sets the lease term of KRW 1 million, and from March 2, 2014, the Plaintiff operated clothing sales business under the trade name of “E” in the instant building.

B. On December 15, 2017, the Defendant drafted a written contract from C to purchase the instant land and buildings for KRW 400 million.

(hereinafter referred to as the “instant sales contract”). The main contents of the instant sales contract are as follows.

With respect to the sale of real estate under Article 1 of the Real Estate Sales Contract, the seller and the buyer shall pay the purchase price by agreement as follows:

The purchase price of KRW 400 million shall be paid at the time of the contract and the intermediate payment of KRW 150 million shall be paid on January 10, 2018.

Any balance of KRW 250 million shall be paid on February 20, 2018.

Article 2 The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price and cooperate with the registration procedure, and the delivery date of the said real estate shall be February 20, 2018.

Special Agreement:

2. A shall order the seller to take all responsibility for the seller and to order the buyer to leave the store until the balance date.

C. According to the instant sales contract, the Defendant paid C the remainder amount of KRW 30 million on December 19, 2017, and KRW 10 million on December 23, 2017, the intermediate payment of KRW 15 million on January 16, 2018, and KRW 250 million on February 26, 2018, respectively.

On December 15, 2017, the Plaintiff is entitled to receive KRW 300 million (hereinafter “instant compensation”) as the compensation for store business losses, as well as ordering the entire corporeal movables in the instant building on February 20, 2018.

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