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(영문) 수원지방법원 2020.07.22 2020가단507638
위약금
Text

The defendant's KRW 20,000,000 for the plaintiff and 5% per annum from February 14, 2020 to July 22, 2020.

Reasons

1. On January 18, 2017, the Defendant completed the registration of ownership transfer on the instant apartment D (hereinafter “instant apartment”) based on sale.

On January 3, 2020, the Plaintiff introduced the apartment of this case, which was requested by the Defendant to sell to a real estate agent with the trade name of “F” (hereinafter “B”) office through a real estate agent office of “E” (hereinafter “buyman”) and then requested the purchase of the apartment of this case.

On January 3, 2020, the seller broker confirmed the desired content of the following sales contract from the defendant (hereinafter referred to as the "seller's demands") and received the account number of the defendant's account to receive the down payment, and delivered it to the buyer's broker.

Goods: 50 million apartment price: 10% of the contract deposit: 2) the terms and conditions of succession to the lease on a deposit basis (security deposit: 2.7.5 billion won, August 15, 2020): The remainder of 3: the end of February 2020.

4. A contract for the current facilities and the current state;

5. Contract shall proceed simultaneously with a partial deposit out of the down payment on a gold day, and the deposited amount shall be paid as penalty;

(The seller may waive the down payment and terminate this contract). On January 3, 2020, the Plaintiff received the seller’s demand and the above account number from the broker of the buyer at around 18:30 on January 3, 2020, and around 18:40 on the same day, he transferred KRW 20 million out of the down payment to the above Defendant’s account under the name of the Plaintiff’s name through the account in the name of the Plaintiff.

On January 4, 2020, the Plaintiff and the Defendant decided on January 14, 2020 as the date on which the sales contract was prepared by each intermediary, respectively. On January 6, 2020, the Plaintiff established a legal entity to the Defendant, and expressed his intent to purchase the instant apartment in the name of the legal entity, and the date on which the sales contract was prepared was later made on January 14, 2020.

On January 10, 2020, the Plaintiff is on the ground of the Plaintiff’s side.

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