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(영문) 대전지방법원 2014.09.18 2014가합102276
위약금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Based on the facts, on September 30, 201, the Plaintiff: (a) purchased specific B forest No. 25,160 square meters and C forest No. 367 square meters (as at the time of registration conversion under division, each real estate listed in the separate sheet is registered; hereinafter “instant real estate”); (b) KRW 200 million on the contractual date; (c) KRW 200 million on November 15, 201; and (d) KRW 800 million on January 15, 201; and (c) agreed that the Plaintiff may not raise any objection against the payment by waiver of all the amounts already paid by the Plaintiff, if the relevant amount is not paid on the date of the intermediate payment and the balance payment.

On September 30, 201, the Plaintiff paid the Defendant the down payment of KRW 200 million, and paid the intermediate payment of KRW 300 million on November 17, 201, KRW 100 million on November 28, 201, KRW 100 million on November 28, 201, and KRW 500 million on December 9, 201.

On December 2, 2011, the Plaintiff entered into a modified contract with the Defendant on January 31, 201 as to the purchase price of 1.9 billion won, balance of 1.2 billion won, and the date of the remainder payment (hereinafter “instant sales contract”). In the event that the amount corresponding to the agreed intermediate payment and the date of the remainder payment is not paid on January 31, 2012, the Plaintiff entered into the said contract, “the instant agreement” under which the buyer renounces all the amount already paid and is unable to raise an objection thereto.

A) On the other hand, on April 12, 2012, the Defendant completed the registration of ownership transfer for 28,732 shares out of each real estate listed in the separate sheet 1 through 6, 10, and 200 shares among the real estate listed in the separate sheet 1 through 6, 10, and 200 shares (each real estate listed in the separate sheet 2 through 6 is subject to the registration of ownership transfer under the name of the Defendant for the reason of partition of co-owned property thereafter; on May 11, 2012, each real estate listed in the separate sheet 1, 10 through 20 is divided for 28,732 shares among the real estate listed in the separate sheet 1, 10, and 739 shares among the real estate listed in the separate sheet 1, 2012, and each real estate was divided for A&S on May 22, 2012

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