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(영문) 서울고등법원 2015.11.26 2014나2045537 (1)
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 4, 2010, the Plaintiff entered into a sales contract between the original Defendant (hereinafter “instant land”) and the Busan East-gu land owned by the Defendant (hereinafter “instant land”).

3) A collective housing project with a scale of 180 households (hereinafter “instant project”)

A) The sales contract to purchase the instant land from the Defendant to enforce the contract (hereinafter “instant sales contract”).

The purpose of Article 2 (Purpose) is to purchase the instant land owned by the Defendant and implement a multi-family housing project. Article 3 (Payment of Sale Price) is to:

1. The Defendant shall sell sold real estate to the Plaintiff at KRW 6 billion per day, and the Plaintiff shall pay the purchase price as follows.

Provided, That the purchase price is an amount that does not include value-added tax, and when the remaining payment is made, the remaining amount (90%) at the time the Plaintiff entered into a contract for the land of KRW 600 million (10%) at the time of payment, shall be paid to the Defendant with the P/F price at the time of determination of P/F amount.

2. Loans to financial institutions that have already occurred on the above land shall be liable and settled to the defendant after the conclusion of this contract, and in the event that the plaintiff succeeds to it in the future, the amount shall be deducted from the above purchase price, and interest thereon shall be borne by the plaintiff after the conclusion of this contract.

3. The balance payment period under the above paragraph (1) shall be paid as the price for P/F at the time of the determination of P/F, but shall be paid within four months after the conclusion of this contract.

Article 9 (Matters of Special Agreement)

3. In the process of the authorization and permission of the design office, if the authorization and permission of the project is not finalized within three months after the conclusion of this contract, such as the outline of the accompanying design, this contract shall be terminated, and if this contract is terminated for the foregoing reasons, the defendant shall promptly return the down payment to the plaintiff.

4. The interest accrued from the contract date for the Defendant to KRW 1,735,00,00 (one bank) currently under loan shall be borne by the Plaintiff in full.

- monthly.

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