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(영문) 의정부지방법원 고양지원 2017.01.13 2016가단10677
위약금등
Text

1. The Defendant’s KRW 49,350,967 for each of the Plaintiffs and 6% per annum from October 7, 2014 to April 7, 2016.

Reasons

1. Basic facts

A. The Plaintiffs are the contractors of “A3 block D Apartment” in the Goyang-gu Seoul Urban Development Zone B in the Goyang-gu, Manyang-si.

B. On November 18, 2008, the Plaintiffs agreed to sell the said D Apartment Nos. 314 and 1001 (hereinafter “instant apartment”) to EF for KRW 697,40,000,000, the Plaintiffs paid the down payment to EF on six occasions by dividing the down payment into 34,870,000 (5% of the parcelling-out price), the intermediate payment of KRW 418,440,000 (60% of the parcelling-out price), each of which was 69,740,000 each, until July 20, 2010, each of which was 24,09,090,000 (35% of the parcelling-out price).

(hereinafter “instant sales contract”). C.

Articles 2 and 3 of the instant sales contract include the fact that when cancel the sales contract as the buyer did not pay any balance within three months from the expiration date of the designation period of the Plaintiffs, 10% of the total value of supply should be reverted to the Plaintiffs as a penalty for breach of contract.

With respect to the interest on loans for the first, second, and third three-time part payments among the six-times of part payments, Gap (Plaintiffs) shall pay for the part preceding the date on which the occupancy is designated, and Eul (Defendant) shall reimburse the interest on loans paid to Gap (Plaintiffs) at the time of occupancy, and the interest accrued from the date on which the occupancy is designated shall be borne by Eul (Defendant).

A (Plaintiffs) shall pay for the interest accrued on three occasions in total, including part payments 4, 5, and 6, up to the day preceding the date of commencement of the designation of occupancy, and the interest accrued from the date of commencement of the designation of occupancy shall be borne by B (Defendant).

At the time of the conclusion of the above sales contract, the Plaintiffs and EF entered into an additional agreement including the contents of the interest on the part payment loan.

(hereinafter referred to as “instant additional arrangement”). E.

The defendant, around November 20, 2009, acquired the right to sell the apartment of this case from EF and becomes a legitimate right holder. At the same time, he/she became a party liable for the sales contract of this case.

"Defendant" in total, including the EF and the Defendant.

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