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(영문) 서울중앙지방법원 2016.05.26 2015가단61888
위약금
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate of 5% from February 1, 2014 to April 14, 2015.

Reasons

1. Facts of recognition;

A. On January 5, 2012, between C and D representing the Plaintiff, a lease agreement was concluded with respect to the lease deposit amounting to KRW 110 million, and the period until January 31, 2014, with respect to the lease deposit set forth in the Gwanak-gu Seoul Special Metropolitan City E and 201 (hereinafter “instant building”).

B. On January 6, 2012, the Plaintiff entered into a pre-sale agreement with the Defendant to purchase the instant building at KRW 260 million as of January 31, 2014, where the said lease term expires between both parties.

(hereinafter “instant reservation”). C.

The main contents of the instant purchase and sale reservation are as follows.

Article 2 The date of the completion of the sale and purchase agreement shall be January 30, 2014; and upon the expiration of the said date, the sale and purchase agreement shall be deemed to have been completed naturally without the Plaintiff’s declaration of intent to complete the sale and purchase agreement.

Upon completion of the sale and purchase pursuant to Article 3(2), a sales contract for the said real estate between the Plaintiff and the Defendant is established. (hereinafter omitted) Article 4 of the same Act provides that the Plaintiff shall pay to the Defendant the deposit money of this reservation in the amount of KRW 50 million on the date of the reservation, and shall pay an intermediate payment of KRW 60 million on January 27, 2012, and shall pay the remainder of KRW 95 million on January 30, 2014, and the balance of bank loans shall be transferred to the Plaintiff by succession to the Plaintiff.

-special agreement -

1. The contractor shall cancel provisional dispositions such as provisional dispositions on the register (F), (2) provisional dispositions (G), (3) provisional dispositions (H, and provisional dispositions (H: I) and (I) so that he/she may transfer his/her full ownership at the time of the payment of any balance;

Provided, That if any right to restrict ownership on the register does not be cancelled during the above period, the contractor (seller) shall compensate for KRW 100 million, which is a double of the down payment, as a penalty for penalty for penalty for negligence.

2. Where a right holder of a pre-contracted fails to pay any balance by January 30, 2014, he/she shall confiscate the down payment of KRW 50 million.

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