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(영문) 광주지방법원 2016.12.09 2016가단14404 (1)
위약배상금
Text

1. The Defendants jointly share KRW 200,000,000 to the Plaintiff and Defendant B with respect thereto from April 26, 2016, and Defendant C.

Reasons

1. Facts of recognition;

A. On September 3, 2015, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with Defendant C (A’s son), setting the sales price of KRW 2750 square meters out of KRW 34,608 square meters of D forest land owned by the Defendant Gwangju, Seo-gu (hereinafter “instant forest”) as KRW 79,000,000 (the contract amount of KRW 10 million, intermediate payment of KRW 200,000,000,000) and paid KRW 100,000,000 to Defendant B on September 3, 2015.

B. The main contents of the instant sales contract and the special agreement are as follows.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedures, and the delivery date of the said real estate shall be December 31, 201

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. The Civil Works Corporation for the instant forest land shall initiate the construction within 15 days from the date of the conclusion of the contract, and the buyer’s (Plaintiff)’s share of the civil construction costs shall be set at KRW 25 million and paid at the time of the intermediate payment.

If the above civil engineering works do not begin within 15 days, the buyer (Plaintiff) may cancel the contract.

2. The above civil works and completion shall be completed on December 31, 2015, and shall be extended by consultation for a period of two months.

3. If necessary for construction of slope surface, it shall be handled through consultation if it is completed with a stone embankment, etc.;

4.The development charges shall be borne by the area ratio, and shall be settled from the purchase price after cost processing.

C. The instant sales contract was concluded.

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