(영문) 서울북부지방법원 2017.11.14 2016가단139053

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(영문) 서울북부지방법원 2017.11.14 2016가단139053

위약금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 10,000,000 and KRW 5,000,000 among them, from October 5, 2016.

Reasons

1. Basic facts

A. On February 2, 2012, the Plaintiff and D entered into a tegical construction contract with the Defendants on the instant real estate in KRW 40,000,00,00 as a fire occurred in the second red 402 of the building building (hereinafter “instant real estate”).

The Defendants completed the construction work, and there were 40,000,000 additional construction cost.

B. Around May 6, 2013, D completed the registration of ownership transfer with respect to the instant real estate on condition that the Plaintiff pays the said construction cost.

However, the Plaintiff obtained the instant real estate as collateral and paid only KRW 25 million to the Defendants, and completed the registration of ownership transfer to F around July 16, 2013.

C. The Defendants, who did not pay the remainder of the construction cost, exercised a lien on the instant real estate for up to two years. D.

On March 2015, the Plaintiff agreed to transfer the ownership of the instant real estate to the Defendants instead of the Defendants and the payment of the construction cost, and agreed to pay KRW 25,00,000,000, which remains after deducting the secured debt of the instant real estate, from the unpaid construction cost of KRW 55,00,000, and the secured debt of the instant real estate.

Accordingly, the Defendants paid KRW 20,000,000 to the Plaintiff.

E. On March 31, 2015, the Plaintiff agreed with the Defendants as follows.

(However, by delegation from the F owner on the registry of the instant real estate, a letter of agreement was prepared in F name; hereinafter “instant agreement”). An agreement

1. The Defendants shall pay the remainder of KRW 5,00,000 to the Plaintiff designated by the seller F immediately after re-saleing the remainder of KRW 5,000.

2. The Defendants shall pay to the Plaintiff 50% of the excess amount at the time of sale exceeding KRW 210,000,000.

3. The Defendants are the new purchaser referred to in the above Paragraph 1, 402. The plaintiff or the third party.

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