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(영문) 수원지방법원성남지원 2016.04.01 2015가합200483
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 250,000,000 and the interest rate thereon from July 1, 2007 to the date of full payment.

Reasons

1. Basic facts

A. On January 20, 2004, the Plaintiff purchased KRW 450 million in the purchase price of KRW 50,013 square meters for E forest land in Gwangju-si (registration conversion into 50,081 square meters for F forest land in Gwangju-si on January 29, 2007) and KRW 18,000 in the G field, and paid all the purchase price. However, the Plaintiff performed construction for constructing a building on that ground without completing the registration of ownership transfer due to the lack of land transaction permission.

B. However, as the above construction was not run properly, Defendant B acquired the status of purchaser of each of the above lands from the Plaintiff and decided to newly construct and sell the building on the ground, the above acquisition price was determined as KRW 800 million including the land price, construction cost and brokerage fee, consulting cost, authorization cost, etc. paid by the Plaintiff. Accordingly, the performance note was prepared on February 15, 2006 between the Plaintiff and the Defendants, which includes the following contents.

Written of Performance

1. The Defendants jointly and severally pay KRW 80 million to the Plaintiff, and acquire all rights to each of the above land owned by the Plaintiff.

(b)

2. From February 2006, the Defendants applied for a bank loan within the limit of KRW 300 million with each of the above land as collateral and paid KRW 100 million out of the loan to the Plaintiff. The costs necessary for the loan and the Bank’s interest are borne by the Defendants.

(b)

3. The payment method of the remaining KRW 700 million shall be paid KRW 500 million immediately after the Defendants applied for a bank loan after the completion inspection of the factory until June 30, 2006.

The remainder 200 million won shall be paid by June 30, 2007.

(b)

5. The Defendants are not able to assert any claim against each of the above land as to the lien, superficies, and other input funds or facilities, and in the following cases the Defendants lose the benefit of time and immediately pay the remainder to the Plaintiff. In this case, the damages for delay shall be paid in addition to the interest of 24% per annum from the date of delinquency until the date of full payment.

(A) The balance of 4.2 billion won shall be paid until June 30, 2007.

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