(영문) 인천지방법원 2014.12.02 2014나10007

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(영문) 인천지방법원 2014.12.02 2014나10007

구상금

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1. The judgment of the first instance court, including the Plaintiff’s claim added at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On January 26, 2010, the Plaintiff sold B apartment units 1112 and 1302 (hereinafter “instant apartment units”) newly constructed by the Plaintiff to KRW 408,00,000,000 in the price of B apartment units within the housing site development zone. At the time of a contract, the Plaintiff received the remainder payment of KRW 40,80,000 out of the said price, and the sales contract was concluded on May 27, 2010; September 27, 2010; the date of January 27, 2011; June 27, 201; the date of June 27, 2011; October 27, 201; the date of February 27, 2012; and the date of entering into the sales contract and the remainder payment of KRW 40,80,000,000 in each of the instant apartment units; the same shall apply hereinafter.

Article 2. Cancellation of the Ba Sheet Contract (1) When the defendant commits any of the following acts, the plaintiff may cancel this contract after giving notice, if the contract is not performed:

(Provided, That in the case of subparagraphs 6 and 7, such discharge may be made without a peremptory notice). 2. If the balance as prescribed in Article 1 has not been paid within three months from the agreed date.

3. In the event that the financial institution delays the repayment of loans (including interest) from the financial institution after receiving a loan from the financial institution due to the Plaintiff’s guarantee, or the financial institution delays the implementation of the procedure for creating a right to collateral security with a loan financial institution under an agreement on the loan for sale price and demands the Plaintiff to repay the loan, when the Plaintiff fails to comply with the request even at least twice with a grace period of not less than 14 days.

However, even after the intermediate payment has been paid once, it is limited to cases recognized by the plaintiff.

Article 3. Exemplary Penalty (1) When the contract is terminated for reasons falling under each subparagraph of Article 2(1) and Article 2(2), the total amount of the sale price shall be 10% as penalty to the plaintiff.

③ In the case of paragraph (1), the Plaintiff.

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