(영문) 인천지방법원 2015.08.25 2015가합2191

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(영문) 인천지방법원 2015.08.25 2015가합2191

위약금등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 2, 2008, the Plaintiff and C purchased from the Defendant the land of KRW 1,800,000 square meters and three lots (hereinafter “instant real estate”) owned by the Defendant for KRW 2.5 billion, and entered into a sales contract with the Defendant (hereinafter “instant sales contract”).

2. The balance of the purchase price of KRW 1.5 billion agreed upon shall be paid in January 20, 2009, in the amount of KRW 2.255 billion paid at the time of the agreement.

Article 5 (Cancellation of Agreement) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the seller of the outstanding amount, and the buyer may waive the agreed amount and rescind this Agreement.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted to the terms and conditions of this Agreement, the other party may give written peremptory notice to the person who has defaulted and rescind the Agreement.

In addition, the parties to the agreement may claim compensation for damages following the termination of the agreement to the other party respectively, and the agreed amount shall be based on the compensation for damages, unless otherwise agreed.

Special Terms and Conditions: - The 6,633 of the 6,633 square meters of present size 2,925 square meters of size 3,708 shall be entitled to purchase 2.7 billion won by the present purchaser within two months of the date of the present arrangement.

- The period of consent to the use of a site is as of October 30, 2008.

-the opening of a private road shall be owned by sale and purchase agreement.

C, the Plaintiff’s purchase agreement, which is a sale agreement

B. The Plaintiff paid the Defendant the down payment of KRW 250 million on the day of the contract.

C. The Defendant delegated the land development of the instant real estate to the Plaintiff on the day of the contract with the following content.

(hereinafter “instant delegation agreement”). The delegated Plaintiff intends to develop the land on behalf of the prop Plaintiff on behalf of the prop Plaintiff.

A person himself shall be authorized, permitted, and authorized to develop the above land.

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