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(영문) 제주지방법원 2017.11.02 2016가합1089
약정금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 550,000,000, and Defendant C Co., Ltd. with respect thereto from September 6, 2016.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ relationship are corporations with the objective of real estate development business, etc., and the Defendants are corporations with the objective of real estate development and consulting business.

The representative director of the defendants is both D and E, the husband of D, actually operates the defendants.

B. 1) The Plaintiff entered into the instant sales contract on October 1, 2015, Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant B”).

(2) Each real estate listed in the separate sheet and the separate sheet (hereinafter referred to as “instant real estate”).

) The sales contract was concluded with respect to the sales amount of KRW 1.35 billion (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant sales contract, the Plaintiff paid the down payment of KRW 130 million on the day of the contract to Defendant B, and the intermediate payment of KRW 150 million on October 30, 2015, respectively. (2) At the time of the conclusion of the instant sales contract, each of the following was completed: F (310 million in the maximum amount of claims), G (310 million in the maximum amount of claims), H (140 million in the maximum amount of claims), and I (65 million in the maximum amount of claims).

C. On February 26, 2016, when the Plaintiff and Defendant B entered into the instant sales contract, Defendant B agreed to terminate the lease agreement on the instant real estate, deliver it to the Plaintiff, and at the same time receive the remainder payment. As to the instant real estate, the agreement was concluded that Defendant B would simultaneously cancel the registration of the establishment of a neighboring mortgage on the instant real estate at the same time with the completion of the registration of the ownership transfer to the Plaintiff. (2) Defendant B failed to resolve the lease agreement on the instant real estate by February 26, 2016, and the Plaintiff and Defendant B drafted an agreement with the following content on March 3, 2016.

(hereinafter “First Agreement”). 2. A (Defendant B) takes delivery of real estate from a person who currently occupies real estate on June 30, 2016.

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