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(영문) 광주고등법원 2017.09.29 2016나14118
수수료 청구 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid next shall be revoked.

Reasons

1. Basic facts

A. On August 11, 2014, the Plaintiff entered into a trade agreement with the Defendant on the instant apartment (hereinafter “instant apartment”) with respect to the said apartment (hereinafter “instant apartment”).

On the same day, the Plaintiff paid the Defendant the down payment amount of KRW 500 million as stipulated in Article 3(3)1 of the instant transaction agreement.

Section 1. (Purpose) This Agreement is to determine the method, etc. for the smooth implementation of the transaction in the transaction of the apartment of approximately 220 households owned by the Defendant located in Mineyang-si.

Article 2 (Indication of Real Estate Subject to Agreement) The plaintiff and the defendant confirm that the number of households of approximately 220 households of the apartment of this case (hereinafter referred to as "registered real estate") may cause a little change.

Article 3 (Contract Amount, Payment Method, etc.) (1) A transaction agreement on an indicated real estate by household shall be 126,500,000 won.

(2) The amount of a transaction agreement for each household of marked real estate is the amount that includes a loan and a deposit for lease of the relevant household.

(3) Time to pay the stipulated amount.

1. 500 million won of down payment shall be paid on August 11, 2014.

2. Any balance (which remains after settling accounts separately after the settlement of such balance) shall be paid on November 30, 2014.

(4) In the event that the Plaintiff fails to pay the price on the date specified in paragraph (3) of this Article, the Defendant terminates this Agreement without giving separate notice of termination, and the amount of the loan and the lease deposit is to be confiscated by the Defendant as a penalty for breach of contract.

Article 5 (Transfer, etc. of Ownership) (1) The plaintiff shall proceed with the transfer of ownership through prior consultation with the defendant.

(2) In the transfer of ownership by an individual household, the purchase price shall be prepared at the Plaintiff’s request, and the amount exceeding the agreed purchase price.

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