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(영문) 서울동부지방법원 2016.02.18 2015가합5321
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 900,000,000 and the interest rate of KRW 15% per annum from January 14, 2016 to the date of full payment.

Reasons

1. Around June 2006, the Plaintiff agreed to purchase 300 square meters from the Defendant’s land in Gangnam-gu Seoul, Seoul, and around that time paid 450 million won to the Defendant.

However, the Defendant failed to complete the registration of ownership transfer to the Plaintiff on June 6, 2007, and between the Plaintiff and the Plaintiff on June 6, 2007, on July 30, 2007, the registration of ownership transfer should be completed in the Plaintiff’s future by July 30, 2007 on the 150 square meters and 150 square meters out of the land of Gangnam-gu Seoul Metropolitan Government D, instead of the above real estate.

However, since the defendant did not complete the above registration of transfer of ownership by the date of the above contract, it is obligated to pay the plaintiff damages amounting to KRW 900 million and damages for delay from the day after the copy of the complaint of this case is served

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. The plaintiff is also entitled to the damages for delay from July 31, 2007 to the delivery date of a copy of the complaint of this case. However, the above damages claim amounting to KRW 900 million is a claim arising only when the defendant fails to perform his/her obligation to transfer ownership until July 30, 2007, and unless otherwise specified the due date, unless otherwise specified, the plaintiff, the creditor, shall be held liable for delay from the day following the day when the plaintiff, the creditor, requested the performance. Thus, the plaintiff's claim for this part on different premise

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