(영문) 서울북부지방법원 2020.08.18 2019가단11385

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(영문) 서울북부지방법원 2020.08.18 2019가단11385

위약금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s new construction business of multi-household housing 1) The Plaintiff is a company with the purpose of construction business, etc., and the Plaintiff’s redevelopment business of multi-household housing E located on the land of Dobong-gu Seoul Metropolitan Government around 2017 (hereinafter “instant redevelopment project”).

(B) On December 15, 2017, the Defendant’s spouse (Defendant’s E-multi-household housing) purchased the second floor G No. 180,000,000 among the E-multi-household housing, and completed the registration of ownership transfer in the name of the Defendant on December 21, 201.

2) Meanwhile, C actually paid KRW 20,00,000 as the purchase price of the said house, and the remaining KRW 160,000,000 was paid with the loan from the Plaintiff, and the interest, etc. on the said loan was borne by the Plaintiff. C and the Plaintiff on July 26, 2018, C paid KRW 20,000,00 to the Plaintiff on July 26, 2018, and written a sales contract for the sales right (hereinafter “the sales contract for the sales right of this case”).

The location: The seller of the sale price in units E of the Ho-dong Ha-dong Ha: The seller: The purchaser of the plaintiff: the special agreement

1. Completion shall be completed by December 30, 2018.

2.To assume all civil and criminal responsibilities in the event of non-performance of the above contract.

3. Until December 30, a seller shall be paid to him as a payment for investment, and restitution may be made (e.g. revocation of a sales contract).

1) The Defendant’s registration of preservation of ownership on the real estate indicated in the attached list of the Defendant (hereinafter “instant real estate”) on May 15, 2019, which was after the completion of the instant redevelopment project.

(E) The registration of initial ownership was completed with respect to the instant real estate. (E) As of March 27, 2019 between the Plaintiff and J, a sales contract was completed with respect to the instant real estate as of March 27, 2019, and the Plaintiff entered into a sales contract with J for the sale in lots.

The plaintiff is from J.

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