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(영문) 수원지방법원성남지원 2016.01.08 2014가합2910
약정금
Text

1. The Plaintiff:

A. Defendant C is KRW 101,00,000 and 5% per annum from August 11, 2011 to June 19, 2014.

Reasons

1. Basic facts

A. On March 3, 2010, Defendant B and E entered into a sales contract with the effect that E would purchase at KRW 900 million the shares of the “G” building and the “G” building and the “facilities,” etc. on the land owned by the Defendant B, in the original city, for KRW 1,261 square meters, and the “G” building and the “facilities,” etc. (hereinafter collectively referred to as the “instant land and the “instant gas station site and building”). On April 1, 2010, E paid KRW 150 million out of the above sales price to the Defendant B, and on April 1, 2010, the registration of ownership transfer was completed in the name of E with respect to the instant gas station site and the building.

B. Defendant B and E rescinded the above sales contract on July 20, 2010. On July 21, 2010, the Plaintiff and Defendant B concluded a sales contract with the effect that the Plaintiff will receive a loan from the bank (hereinafter “instant sales contract”) on the following grounds: (a) purchase of the instant gas station site and the building and facilities, such as main abandonment; (b) the deposit amount of KRW 110 million and the first intermediate payment of KRW 40 million on the date of the contract; (c) the second intermediate payment of KRW 210 million on the date of September 10, 2010; and (d) the remainder of KRW 740 million on the land and building of the instant gas station by Defendant B, after cancelling the registration of the establishment of a neighboring site for the instant gas station and building; and (e) the registration of the transfer of the Plaintiff’s ownership in the name of the Plaintiff was completed on July 22, 2010.

C. The auction procedure was initiated based on the right to collateral security established on the instant gas station site and building, and H was awarded a successful bid for the said site and building. On June 1, 2011, the ownership transfer registration was completed in the name of H on the instant gas station site and building.

With respect to the damages suffered by the Plaintiff due to the loss of ownership of the instant gas station site and building due to the voluntary auction (hereinafter “instant certificate”), Defendant D prepared a written confirmation stating that “The Plaintiff will pay the amount of KRW 137,120,000 to the gas station by July 15, 201” on behalf of the Defendant B on June 27, 201 (hereinafter “instant certificate”).

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