(영문) 서울중앙지방법원 2018.06.27 2017가단5094245

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(영문) 서울중앙지방법원 2018.06.27 2017가단5094245

위약금 등

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 100,000.

Reasons

1. Facts of recognition;

A. On January 16, 2014, the Plaintiff entered into a lease agreement with the co-owners D and E of the 2nd floor underground floor building (hereinafter “instant building”) located in Nam-gu Incheon Metropolitan City, and with the 15th floor store of the 15th floor of the instant building (hereinafter “instant store”) for the lease period from February 17, 2014 to February 16, 2016, and operated the clothing retail business at the instant store.

B. On September 31, 2015, the Defendant found the Plaintiff and the F purchased the instant land and buildings from the above co-owners on August 31, 2015, and decided to reconstruct them including the surrounding land. The Defendant decided to purchase the said new store from the said F, while selling the said newly built store to the Plaintiff.

C. On October 19, 2015, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant and the 20 square meters of the selling area of the store operated by the Plaintiff, including KRW 12,500,000 per square year, and KRW 250,000,000, in the event that the said contract violates the said contract by a special agreement, the Plaintiff agreed to pay KRW 100,000,000 for penalty.

GH [Ground for recognition] Facts that there is no dispute between the parties, evidence A1 through 4, purport of the whole pleadings

2. We examine the principal lawsuit and the counterclaim together.

The Plaintiff asserts that the sales contract concluded between the Defendant and F was canceled at that time during the telephone conversations with F around April 3, 2017, and that it is clear that the Defendant cannot perform the registration of ownership transfer as to the store size of 20 square meters (per 15 square meters) in the location of the store operated by the Plaintiff. As such, the Plaintiff asserts that the instant sales contract was terminated, and that the Defendant sought payment of the down payment amount of KRW 5 million and penalty of KRW 100 million.

In this case, a new building is constructed according to the sales contract of this case.

유사 판례

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