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(영문) 의정부지방법원고양지원 2020.02.14 2018가합78100
약정금
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1. The Defendant’s KRW 940,000,000 and its amount are 7.2% per annum from June 1, 2018 to January 10, 2019.

Reasons

1. Fact-finding;

A. On December 8, 2017, the Plaintiff and C agreed to exchange the Plaintiff’s and C (hereinafter “the Plaintiff”)’s share of 1/2 shares, with the Plaintiff’s “E hotel” (hereinafter “E hotel”) and the building owned by the Defendant, which is 1,515.23 square meters of the building and the building owned by the Defendant, in the presence of H (licensed Real Estate Agent in the Plaintiff) and I (the Defendant) who arranged the said exchange contract in the presence of H (the Plaintiff) and I (the Plaintiff’s real estate agent).

(hereinafter “Exchange of this case”). ① The hotel of this case and the gas station of this case shall be exchanged, and the defendant shall pay the difference of 1.5 billion won (hereinafter “the difference in settlement”) to the plaintiff side as follows:

In other words, the down payment of KRW 100 million shall be paid on December 8, 2017, and the intermediate payment of KRW 550 million shall be paid on December 28, 2017, along with the ownership transfer registration in the name of the defendant with respect to the hotel in this case, and the remainder of KRW 850 million shall be paid on March 31, 2018.

② Prior to May 2018, the Defendant issued documents necessary for the registration of transfer of ownership to a person designated by the Plaintiff’s side as to the gas station of this case.

③ The contents of the special agreement: the delivery of the part of the “J” restaurant (hereinafter “instant restaurant”) that the Plaintiff’s side leased to a third party from among the instant hotel buildings to the king is responsible for the Plaintiff, and the lease deposit amounting to KRW 100 million shall be paid to the Plaintiff at the time of delivery.

B. On April 25, 2018, the registration of transfer of ownership was completed on the ground of “sale as of February 26, 2018” in the Defendant’s name on the instant hotel building and site, and on the same day, the Plaintiff and the Defendant agreed as follows.

hereinafter referred to as the "agreement of this case"

(1) As to the instant hotel building and site in accordance with the instant exchange contract.

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