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(영문) 창원지방법원 2020.09.03 2018가합56414
위약금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 5% per annum from May 7, 2020 to August 20, 2020.

Reasons

A. A contract to purchase KRW 1,380,00,000 per square day was concluded to set forth matters to be performed, penalty, etc. as to access roads for the entry of the instant land (hereinafter “entry roads”) (hereinafter “the instant first agreement”); Defendant C guaranteed Defendant B’s duty to perform under the instant first agreement; on the same day, Defendant D, Defendant C, and I concluded a regional right contract as to access roads.

D and the Defendants were certified as a deed signed by a notary public on September 18, 2015 with a certificate No. 3000 attached to the preparation of J Law Firm, etc., and the main contents thereof are as follows:

[Certificate (No. 3) seller: B guarantor: A buyer: A buyer: The buyer will perform a sales contract, etc. for the following real estate in accordance with the D's letter of performance.

* Indication of real estate: Changwon-si F

1. Drawings attached to the area and location of the land subject to the contract, which are 6,083 square meters (1,840 square meters) adjacent to the area and location of the land subject to the contract;

2. Price 1,380,000,000 per 7.50,000 won per annum - contract amount of 140,000,000 (payment at the time of a contract) - 240,000,000 (payment when land form and quality change and construction permit is possible, date of payment: September 30, 2015) - Balance of KRW 1,000,000 (payment at the time of entry and completion of infrastructure, date of payment: 50,000 out of the remainder: 29 February 29, 2016; and 50,000 out of the remainder may be extended) - Payment of the Housing Site Development subsidy of KRW 50,00,000 (in case of receipt of account statements) at the time of the payment of remainder.

4. Matters to be implemented;

(a) Subdivision of land: A seller and a guarantor (1) shall subdivide the part of land sold immediately after he/she receives a down payment;

(2) Registration of ownership transfer: A seller shall receive any balance from a buyer and provide the buyer with the documents required for the registration of ownership transfer at the same time, and shall specify the land of the sold portion.

(3) Access roads.

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