(영문) 서울중앙지방법원 2021.02.03 2020가합541187

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2021.02.03 2020가합541187

해약금 청구의 소

Text

The defendant shall pay to the plaintiff 200,000,000 won with 12% per annum from May 22, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 20, 2020, Seocho-gu Seoul and 2 lots of ground D apartment (hereinafter “instant apartment”) concluded a sales contract with the Defendant to purchase the instant apartment E (hereinafter “instant real estate”) for KRW 1,950,000 (hereinafter “instant sales contract”), and the contract date under the contract was set on April 3, 2020.

Article 1 For the sale of the instant real estate, the buyer (Plaintiff) shall pay the purchase price as follows:

The purchase price of KRW 1,950,000,000 for down payment of KRW 200,000 shall be paid and received at the time of the contract. The intermediate payment of KRW 300,000,000 shall be paid on April 29, 2020, and the rent of KRW 520,000 shall be succeeded to by the buyer at present, and the remainder of KRW 930,00,000 shall be paid on May 27, 2020.

Article 5 (Plaintiffs) Before paying the intermediate payment (if there is no intermediate payment, the remainder) to the seller (Defendants), the seller shall compensate for the amount of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 If there is a default under this Agreement, the other party may give written peremptory notice to the default and rescind the Agreement.

The parties to the contract may claim damages from the other party following the rescission of the contract.

Unless otherwise agreed, the down payment shall be regarded as penalty.

Matters of special agreement

1. The sale and purchase of the right to move into the reconstruction association shall be executed on the condition that the land or building for the reconstruction project, which has not been commenced for not less than three consecutive years, is transferred before the commencement of the construction, within three years from the date of authorization for the project implementation plan under Article 37 (2) 2 of the Enforcement Decree of the Act on the Maintenance of Urban and Residential Environments. The contract shall be made on the basis of; and shall be made on the condition that the association

5. If this contract does not become a partner in the name of a legal entity, both parties agree to cancel the contract without terms and conditions.

(b).

유사 판례

-서울행정법원 2014.09.18 2013구합11291

-서울고등법원 2019.09.19 2017나2048490

-서울고등법원 2018.10.23 2018나2010270

-창원지방법원 2015.08.27 2014가합36276

-창원지방법원 2013.12.12 2013가단2750