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(영문) 인천지방법원 2015.10.14 2014가합11266
위약금
Text

1. The Defendants jointly do so to the Plaintiff (Appointed Party A) and the Appointed D respectively, and on October 3, 2014, respectively.

Reasons

1. Basic facts

A. On October 1, 2010, E Co., Ltd. (the representative is Defendant C; hereinafter “E”) and F (the representative of Defendant B Co., Ltd.) entered into a contract to purchase KRW 2,183,40,000,00 (hereinafter “the first sales contract of this case”) with respect to the total area of 10,693.92 square meters of land in Kimpo-si, Kimpo-si, H, I, I, and J, 100 square meters, all of the remaining ownership shares excluding the shares of K’s ownership, excluding the shares of the designated parties; hereinafter “Plaintiff”), the designated parties D (hereinafter “Plaintiffs”), and the designated parties D (hereinafter collectively referred to as “the Plaintiff and the designated parties D”).

B. On October 28, 201, P entered into a contract to directly purchase part of the land subject to the initial sales contract of this case, including purchase of KRW 118,57,00 from L to 118,57,00, out of KRW 8,457 square meters of G forest land in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si on October 28, 201.

C. On October 28, 2011, the seller of the first sale contract of this case and the Defendant B Co., Ltd. (hereinafter “Defendant B”) drafted a separate sale and purchase contract for the remaining land excluding the portion of a direct sale and purchase contract as above, among the land subject to the first sale and purchase contract of this case, as to each parcel number of each land. With respect to the double Kimpo-si G Forest G 8457 square meters (hereinafter “instant land”), with respect to the total share owned by the seller, including the Plaintiffs, (L’ share 443.75/8,457; Plaintiff 409.5/8,457; 7,05.75/8,457; 6,081.75/7; 8,758/457); and (1), 301/36,000 of the purchase and sale price; and (2), 1301/36,000 of the purchase price, 201/361,7.7.

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