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(영문) 춘천지방법원 강릉지원 2018.07.03 2017가단32936
약정금
Text

1. As to the Plaintiff, Defendant B’s KRW 126,70,000, Defendant C’s KRW 54,300,000, and each of the above amounts, from January 4, 2017.

Reasons

1. Facts of recognition;

A. On September 23, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant first contract”) with the Defendants to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) in its own name and D, and the main contents are as follows.

(A) The seller is “A” and “B”. Article 2 (Sale Price) (1) The sales price shall be KRW 2.96 million and the following shall be paid:

-Deposit: 100 million won shall be paid at the time of conclusion of a contract - remaining gold: 2.86 billion won shall be paid by March 23, 2017.

b.(Cancellation of Contracts) If one of the parties neglects to perform any of the obligations in violation of this Agreement, the other party shall set a grace period of one week and notify the other party of the implementation, and if one of the parties fails to perform within this maximum period, the other party may rescind the contract.

Article 7 (Penalty) If A has entered into this Agreement pursuant to Article 8, two times the amount received as the down payment shall be given to B, and if B has entered into this Agreement, the down payment shall be reverted to A and the down payment shall not be claimed to be returned.

Section 8.(B)A shall have the authority to sell the real estate upon the remainder payment date after this Agreement and this Agreement shall be automatically terminated at the time of sale before the remainder payment.

B. Each of the instant real property, with Defendant B as the debtor, was set up the first priority collateral (the mortgagee E Union and the actual debt amount of KRW 2.460 million) and the second priority collateral (the actual debt of KRW 600 million) with the maximum debt amount of KRW 7.80 million. However, on September 27, 2016, the Defendant B and her husband G, with respect to the Plaintiff’s total debt of the collateral amount of KRW 100 million, with a loan certificate of KRW 100 million, and with regard to the cancellation of the said second priority collateral, the loan amount was to be treated as having been repaid if the above second priority collateral was revoked.

(c).

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