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(영문) 서울남부지방법원 2019.02.13 2017가단241097
위약금 청구의 소
Text

1. The Defendant shall pay to the Plaintiffs KRW 60,000,000 and interest rate of KRW 15% per annum from November 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On August 20, 2014, the Defendant completed the registration of ownership transfer (hereinafter “registration of the instant trust”) based on trust in the future E Co., Ltd. on August 20, 2014 with respect to the building of Geumcheon-gu 287 square meters and its ground (hereinafter “each of the instant real estate”).

B. On February 4, 2017, the Plaintiffs purchased each of the instant real estate in KRW 3.4 billion from the Defendant and the instant real estate, and concluded the following sales contract (hereinafter “the instant sales contract”) with the effect that: (a) the remainder KRW 129 million shall be paid on May 31, 2017 on the contractual date; and (b) the Plaintiffs shall succeed to the Defendant’s obligations for loans to the F Association (hereinafter “F”); (c) KRW 1.586 billion; and (d) the obligation for the repayment of the lease deposit to the Defendant’s F Association (hereinafter “F”); and (e) KRW 1.655 million.

The purchase price: 3.4 billion won: The loan shall be paid and received at the time of the contract: 1.586 billion won shall be succeeded to by the buyer at present. The current security deposit shall be succeeded to by the buyer at present: 1.655 billion won shall be succeeded to by the buyer at present: 1.629 billion won shall be paid on May 31, 2017.

[Matters of Special Agreement]

3. The current rental deposit may be changed according to the current status of the lease until the balance; and

4. As of the date of the contract, the maximum debt amount per 2,184,00,000 won ( principal1,820,000,000) has been set as per the E-registration as of the date of the contract, and the seller, after the contract, terminates the registration of the trust after repaying the principal amount of KRW 234,00,000.

7. The contractual relationship with the existing tenants shall be succeeded by the purchaser after settling the balance;

8. If it is impossible to succeed to a loan, the seller and the purchaser shall settle the loan in consultation and cooperation.

12.In the event of a default on the terms of this contract due to the change of the buyer and the seller, the buyer is liable to the seller for the amount equal to 10% of the sale price (340 million won), and the seller is liable to compensate for the amount equal to the down payment, and the buyer pays the seller for the penalty within one month from the date of cancellation of the contract.

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