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(영문) 대전지방법원 서산지원 2018.01.16 2017가단2290
위약금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The Defendants owned 1/2 shares of 1,057 square meters prior to D in Jinjin-si (hereinafter “instant land”) and of 26 square meters in a house with 10.3 square meters and 10.3 square meters in a place of business with a pentine attached to cement Subdivision (hereinafter “instant land and buildings”), respectively, among the instant land and buildings.

On March 27, 2017, the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as “Plaintiff, etc.”) and the Defendants concluded a sales contract with respect to the instant real estate (hereinafter referred to as “instant sales contract”) with the purchase price of KRW 544 million (the purchase price of KRW 100 million is KRW 44 million, and the remainder of KRW 44 million is paid, respectively, at the time of the contract) (hereinafter referred to as “instant sales contract”).

The main contents are as follows:

Article 3 If there is any reason to restrict the exercise of ownership, such as mortgage, superficies and leaseholds established on the said real estate or there is any unpaid taxes, public charges and other charges, the seller shall remove the defects and burdens of the said rights and transfer the full ownership to the buyer by the date of the balance

except in cases of rights and amounts agreed to succeed.

Article 6 If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

B. At the time of the instant sales contract, the Plaintiff, etc. and the Defendants agreed to dispose of illegal buildings and garbage on the ground of the instant land before the remainder payment is made (hereinafter “instant promise”).

Plaintiff

March 2017

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