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(영문) 서울동부지방법원 2018.11.16 2018가단102844
약정금
Text

1. The Plaintiff:

A. Defendant B, as well as KRW 134,557,916, and as to this, from February 7, 2018 to November 16, 2018.

Reasons

1. Basic facts

A. On September 2013, 6 Plaintiffs, D, etc. (hereinafter “Plaintiffs, etc.”) and Defendant B (hereinafter “Defendant B”) sold each of the above lands and buildings to Defendant B with respect to total nine parcels of land and each of the above lands, including Seongdong-gu Seoul, F, G, H, I, J, K, L, M, etc. on their own, Seongdong-gu Seoul (hereinafter “Defendant B”), and Defendant B entered into a real estate joint development agreement to substitute part of the sectional ownership of the newly constructed composite building for the transfer of some officetels (hereinafter “the instant joint development agreement”), and to pay compensation for delay corresponding to 1/100 of the purchase price, to the Plaintiff, etc. in the event of delay.

(hereinafter “instant liquidated damages agreement”). B.

On September 2013, according to the instant mutual development agreement, the Plaintiff entered into a sales contract with Defendant B and the Plaintiff on four parcels, such as 1/10 shares in the 1/10 square meters of the Republic of Korea, and 1.35 billion won of the purchase price, among the sectional ownership of the complex building to be newly constructed according to the instant project, and the purchase price was paid as a substitute for eight square meters of the exclusive area of 21.35 meters of the sectional ownership of the complex building to be newly constructed according to the instant project.

(hereinafter “instant sales contract”). C.

Since then, upon adding neighboring land to the instant project site, the Plaintiff, R, S, and D agreed to extend the construction period according to the need to modify the design and delay in the construction period (the extension before and after four months) at the time of purchasing the additional land between Defendant B on May 22, 2014, and purchased a neighboring site with the purport that “the monthly rent that the props received before and after the removal is preserved on the side of the enforcement company during the delayed period exceeding 15 months under the joint development agreement.”

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