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(영문) 울산지방법원 2018.02.08 2017가단62206
약정금
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 2, 2017 to February 8, 2018.

Reasons

1. Facts of recognition;

A. On November 9, 2016, the Ulsan District Court Decision 2016Da59845 case between the Plaintiff and the Defendant, the conciliation was concluded that “the Defendant shall pay the Plaintiff KRW 44,074,800,00 to the Plaintiff up to December 31, 2016, and if the Defendant fails to pay the said amount by the said date, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 24% per annum from January 1, 2017 to the date of full payment” (hereinafter “instant conciliation”).

Article 1 The buyer pays the above amount to the seller at the address of the seller without fixing a period of time, and at the same time makes a declaration of intention to complete the sale at the time when the buyer made a declaration of intention to complete the sale.

(b)in the event that there has been an expression of intent to pay the purchase price and to complete the sale under Article II, the ownership of the real estate sold on this condition shall be transferred to the purchaser on this condition, and the seller shall immediately apply for the registration of ownership transfer of such real estate and deliver such real estate to the purchaser.

b. Article 3 requires the seller to transfer to the seller the full ownership of the said real property without any establishment of the limited real right or the right of lease. Article 4 provides that the buyer shall pay the seller the amount of KRW 43,131,204 at the same time as the deposit money for the establishment of this contract is established, and the seller shall receive this amount, and if this amount is paid in full, it shall be part of the purchase

(b) If the seller violates this contract, the seller shall pay the deposit money under Article 4 by penalty to the buyer;

(b).

On December 31, 2016, the date of payment stipulated in the instant conciliation, the Defendant failed to repay the instant conciliation payment to the Plaintiff, and on January 16, 2017, the Defendant purchased and sold the instant apartment No. 202 (hereinafter “instant apartment”) owned by the Defendant, which is located between the Plaintiff and the Plaintiff.

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