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(영문) 부산지방법원동부지원 2012.12.26 2012가단6105
위약금
Text

1. The Defendant (Appointed Party) and the Appointed C shall jointly and severally serve as the Plaintiff KRW 30,000,000, and as a result, from April 4, 2012.

Reasons

1. Determination as to the cause of claim

A. On January 21, 2012, the Plaintiff entered into an exchange contract with the Appointor C and the Defendant (hereinafter referred to as the Appointed Party; hereinafter referred to as the “Defendant, etc.”) with the following content (hereinafter referred to as the “instant exchange contract”), and paid the down payment of KRW 15 million on the same day.

① An exchange of the Plaintiff’s 913 square meters prior to D, 610 square meters prior to Si-si, B, Busan, Busan, the FGGra 401 (hereinafter “FG 401”) owned by the Plaintiff, and FG 501 (hereinafter “FG 501”) owned by the Defendant, with FG 501 (hereinafter “FG 501”).

(1) Article 1. (2) The Plaintiff shall pay to the Defendant, etc. the exchange balance of KRW 65 million, but the down payment of KRW 15 million shall be paid at the time of the contract, and the remainder of KRW 50 million shall be paid until February 29, 2012.

(Article 2) The Plaintiff and the Defendant, etc., simultaneously with the receipt of any balance, shall deliver all documents necessary for registering transfer of ownership to the other

(3) In the event that the defendant, etc. violates the contract, he shall compensate for the amount of the down payment, and in the event that the plaintiff violates the contract, he shall waive the down payment and not demand the return thereof

(4) The registration of creation of a neighboring mortgage (hereinafter referred to as the "registration of creation of a neighboring mortgage of this case") No. 6 of the former order No. 30 million won in the copy of the F loan No. 401 is the cancellation period before the payment date of the remainder, under the responsibility of the defendant, etc.

(3) On February 29, 2012, the Defendant et al. did not cancel the registration of the establishment of the instant neighboring mortgage by February 29, 2012, and instead, sent to the Plaintiff on March 2, 2012, a certificate of the content that the Plaintiff’s obligation to pay the remainder of the Plaintiff would be rescinded, and entered into a sales contract with I on March 9, 2012, and completed the registration of the transfer of ownership in the first day.

The instant exchange contract is concluded on the grounds of the Defendant’s nonperformance of obligation.

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