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(영문) 대전지방법원 서산지원 2017.01.26 2016가합50923
약정금
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and KRW 5% per annum from October 11, 2016 to January 26, 2017.

Reasons

1. Basic facts

A. On November 29, 2007, the Plaintiff purchased each land listed in the separate sheet in the separate sheet in which the Defendant and the Defendant’s siblings C, D, and E own shares as indicated in the separate sheet in the separate sheet “shares” (hereinafter “instant land”). On November 29, 2007, the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract”).

Article 7 (Cancellation or Termination of Contracts and Compensation for Damages)

1.This contract shall become null and void in the following cases:

1) Even one of the owners of the instant real estate necessary for the soil collection business, where it is deemed impossible to conduct the collection and collection business by refusing to sell the said real estate, 2) where the competent authority’s permission, decision (including the case of withholding and reservation), approval for business, etc. is impossible, and where it is deemed that it is difficult or impossible to achieve the purpose of this contract due to the seller’s violation, or where it is clearly recognized that it would be difficult or impossible to achieve the purpose of this contract due to the seller’s violation without any justifiable reason, this contract is effective upon deposit in the bank account of the seller after 70% of the total sales contract of the instant real estate was signed and sealed by the seller and the buyer. (b) The Plaintiff and the Defendant delivered KRW 30 million to the Defendant on April 30, 2008.

D. On June 30, 2008, the Plaintiff concluded a waiver note containing the following contents as to KRW 300 million in relation to the Defendant’s 300 million stated in Paragraph (b) (hereinafter “instant waiver note”).

was prepared and proposed.

I would like to find the due date for the payment of the real estate sales contract concluded on November 29, 2007 as his office on January 15, 2008 after the expiration date of the contract.

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