(영문) 광주지방법원 2018.10.10 2018가단502042

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.10.10 2018가단502042

위약금 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2015, the Plaintiff, a company operating a housing construction business, entered into a real estate sales contract (hereinafter “the instant sales contract”) with the Defendant for the purchase price of KRW 290,00,000 for the amount of KRW 29,00,000 for the purchase price to be paid as KRW 55% or more at the time of sealing 95% or more in the entire area of the site subject to the project, and KRW 261,00,000 for the remainder to be paid as the account designated by the Defendant for the same account after approval of the project (hereinafter “the instant real estate sales contract”), which is located in the housing construction project site between the Defendant and the Defendant.

Article 3 (Methods of Payment) In regard to the sale of the said real estate, the “Plaintiff” shall pay the purchase price to the “Defendant” in the following manner:

Sales proceeds: Amount of KRW 290,000: Amount of KRW 29,000,000: 5% at the time of affixing 95% or more of the total area of the site subject to the project, and 5% at the time of sealing 100% or more of the total area of the site subject to the project shall be deposited into the designated account.

Balance: 261,00,000 won: It shall be deposited into a bank account designated after the approval of the project.

Article 7 (Refusal of Termination of Contract and Violation of Contract) 1) “Defendant” shall not unilaterally terminate this contract except in the case where “Plaintiff” violates the terms and conditions of this contract. 2) In the event that “Defendant” is terminated in violation of this contract, it shall compensate “Plaintiff” for an amount equal to the amount already paid and the required amount (the cost related to the business in which “B” has invested). In the event “Plaintiff” violates this contract, this contract shall be null and void and shall not be claimed against “Defendant” for the return of the already paid down payment.

(Provided, That this Agreement shall not apply where the project is deemed impossible due to the notification of business failure and administrative measures from the competent authorities.) Article 10 (Effect of the Contract)

유사 판례

-대구지방법원서부지원 2019.09.18 2018가단59950

-수원지방법원안양지원 2014.05.01 2013가합101437

-서울중앙지방법원 2019.06.25 2018가단25197

-광주지방법원목포지원 2017.10.18 2017가단3237

-창원지방법원 2021.04.01 2020가합52040