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(영문) 서울동부지방법원 2017.07.05 2016가단101854
약정금
Text

1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiffs, and the period from June 1, 2016 to July 5, 2017.

Reasons

1. Formation of sales contract and agreement;

A. The Plaintiffs, as married couple, were sold in lots at KRW 85,800,000 on November 1, 2008 to the Defendant New Real Estate Trust Co., Ltd. in Seongbuk-gu, Seoul, 103 Dong 3303.

B. The trial corporation of the above apartment was the same sub-loan, and the above company was merged with the defendant corporation on June 30, 2009.

The defendant Umenane bus Co., Ltd. is an entrusted executor of the sale of the above apartment.

C. Upon the delay in the occupancy of the above apartment and the progress of discount sale, the Plaintiffs and the Defendants entered into an individual agreement (Evidence A No. 3) around May 201. Under paragraph (5), the Defendants agreed to provide additional compensation to the Plaintiffs in proportion to the discount sale rate exceeding 15% in the event that the Defendants sell at a discount exceeding 15% of the initial purchase price for the unsold apartment, etc.

The Defendants sold at a discount up to 20% of the initial purchase price.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-2, Gap evidence 2 and 3, the purport of the whole pleadings

2. The Defendants’ obligation to pay the said amount as above. As such, the Defendants sold at a discount in excess of the agreed ratio, the Defendants should pay to the Plaintiffs 42,790,000 won ( KRW 855,800,000) and damages for delay equivalent to 5% of the initial selling price in excess of 15% pursuant to the agreement.

3. The defendants' assertion

A. The Defendants asserted that the Plaintiffs did not hold rights under the above agreement since they sold the above apartment to D.

According to Gap evidence No. 7, the plaintiffs sold the above apartment house to D for 595,00,000 won on December 30, 2014.

However, apartment sale is a separate contract from the above agreement entered into between the plaintiffs and the defendants, so it cannot be said that the rights under the above agreement are naturally transferred to D, and otherwise, it is based on the above agreement.

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