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(영문) 서울중앙지방법원 2018.05.02 2017가합556066
손해배상(기)
Text

1. The Defendant’s KRW 222,857,142 to Plaintiff A, KRW 148,571,428 to Plaintiff B, and KRW 148,571,428 to Plaintiff C and each of the said money.

Reasons

1. In fact, the ownership of each of the real estate in this case under Article 2 (Indication of Real Estate subject to Sale): The plaintiffs and the defendant confirm that they have the right to complete a sales contract under the terms and conditions of this contract with respect to the real estate subject to sale and purchase under the conditions as stipulated in this Article.

By March 31, 2017, the defendant shall exercise the right to complete the pre-sale agreement by paying the down payment under Article 6 (1) to the plaintiffs.

In case of violation, the defendant's right to complete the purchase and sale agreement automatically terminates, and the defendant shall pay the plaintiffs a penalty of KRW 150 million.

From April 1, 2017 to April 30, 2017, the Plaintiffs may exercise their right to make a full reservation through written notice, and the Plaintiffs’ right to make a full reservation automatically terminates with the intention of the period.

Where the plaintiffs exercise the right to complete the purchase and sale reservation, they cannot claim damages under the latter part of the said paragraph.

Where the right to the full reservation of sale is exercised lawfully pursuant to this Article, a sales contract under the terms of this contract between the parties shall be concluded between them, and this contract shall be treated as a sales contract, and all provisions shall be equally applied to a sales contract.

Article 6 (Sales Price, etc.) The defendant shall pay to the plaintiffs the purchase price of KRW 4.195 billion as follows:

1. The methods of paying the price shall be as follows:

Money (unit of payment: KRW 520,000 for non-paid down payment) payment - Deposit in the account - Deposit in the account at KRW 3.6775,00,000 on May 31, 2017

2. In a case where the plaintiffs exercise the right to complete the purchase and sale reservation, the defendant must pay the contract deposit to the plaintiffs within seven days from the date when the plaintiffs exercise the right to complete the purchase reservation.

Article 7 (Succession to Lease Relationship) The defendant succeeds to the status of the lessor of each lease contract concluded between 203, 204, 301, 302, 303, 401 and 402 of the immovable property subject to sale.

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