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(영문) 춘천지방법원 강릉지원 2018.04.24 2017가합271
위약금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 93,876,317 to the Plaintiff (Counterclaim Defendant) and its related amount from June 8, 2017 to April 24, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On February 18, 2003, the Plaintiff entered into a sales contract with the Defendant on February 18, 2003, the Plaintiff is a 3,909 square meters of forest land in Gangseo-si (hereinafter “C forest land”).

(A) Part 992 square meters in the separate sheet “A” (hereinafter referred to as “instant land”).

(2) The sales contract of this case is set at KRW 540,000,000 and purchased (hereinafter “instant sales contract”).

(2) The Plaintiff and the Defendant agreed to pay the remainder (the remainder after subtracting the contract deposit and the intermediate payment) on February 21, 2003, when entering into a contract, the intermediate payment of KRW 220,000,000 from KRW 260,000 to KRW 260,000 from the intermediate payment, and the remainder (the remainder after subtracting the contract deposit and the intermediate payment) on February 21, 2003.

B. The special terms and conditions stipulated in the instant sales contract (hereinafter “the instant special terms and conditions”) are as follows.

1. The seller shall not sell or purchase the land in the annexed Form C drawings “B” to any third party before the road is constructed in front of the instant land.

1. In the event of a buyer’s intermediate payment, the seller shall cancel the relationship between the land of 1,587 square meters in Gangseo-si D Forest (hereinafter “D forest”) and all the rights, such as the right to collateral security established in C forest, and, as security, have the purchaser complete the registration of creation of a neighboring mortgage of 300 million won with the maximum debt amount as the right holder.

1. Until the end of June, 2003, the seller is responsible for obtaining a building permit from the relevant agency with respect to the instant land, but if so, the seller will transfer the buyer’s ownership of each of the instant land, the mortgage-mortgage of which is established as the right holder, to the buyer’s name.

C. The Plaintiff paid the Defendant a down payment of KRW 40,000,000, and the intermediate payment of KRW 220,000,000 on February 21, 2003.

On February 21, 2003, the Defendant, on February 21, 2003, borrowed the above sum of KRW 260,00,000,00 with the following terms and conditions, on February 21, 200, on which the intermediate payment was received from the Plaintiff. The above loan certificate shall be valid.

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