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(영문) 수원지방법원 2017.04.07 2016가단528850
위약금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.Each such letter of commitment to the performance of an agreement shall be agreed upon by all the following persons:

In the event that the above reporters fail to comply with the following matters, they shall pay 50,000 won to each claimant for penalty and shall be held liable for civil and criminal liability:

7. Each letter of the defendant, among the above real estate indications, shall immediately terminate the provisional attachment for the land of the D and 14 parcels of land at Chungcheong City.

8. The Defendant’s shares in Chungcheongnam-si, each of whom is owned by the Defendant, shall terminate the provisional attachment against the obligee at the time when the Plaintiff reimburses the obligation for KRW 96,00,000 for the E work price to be resolved by the Plaintiff by the end of May 2010, and the Defendant shall transfer his shares in the Plaintiff’s ownership to the sale price of KRW 150,000,000 for the purchase price to the Plaintiff, and shall cooperate with all necessary documents for the registration of transfer.

(Provided, That when the Plaintiff redeems E KRW 96,00,000,000, the remainder amount shall be paid by the Plaintiff to the Defendant)

A. On February 10, 2010, the Plaintiff, C, and the Defendant drafted a letter of agreement execution (hereinafter “each of the instant notes”) and the parts related to the instant notes are as follows.

B. On October 20, 2014, the Plaintiff concluded a sales contract with the Defendant to purchase KRW 70,000,000 for KRW 1,653/29,316 (hereinafter “instant real estate share”) out of KRW 58,632 square meters of D forest land in Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant real estate share”).

The seller and the buyer agreed to pay the purchase price in the same manner as the previous one according to an agreement with respect to the sale of the real estate in Article 1 (Purpose) of the Real Estate Sales Contract.

The down payment of KRW 1,000,000 is paid at the time of the contract. The intermediate payment of KRW 1,000 is paid in November 2014.

The remainder of Sacheon shall be paid in February 20, 2015.

§ 2. Ownership.

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