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(영문) 수원지방법원여주지원 2016.12.08 2015가단5417
위약금
Text

1. The Defendant: (a) KRW 24 million to the Plaintiff; and (b) 5% per annum from October 1, 2016 to December 8, 2016 to the Plaintiff.

Reasons

1. Each land listed in the separate list of basic facts (hereinafter “the instant real estate”) is the land owned by the Defendant. On March 20, 2007, the registration of creation of a mortgage over each of the instant land was completed on March 20, 2007 with respect to each of the instant land, the registration of creation of a mortgage over KRW 200 million with respect to each of the instant land indicated in the separate list 1 and 2 with respect to each of the instant land as indicated in the separate list 1 and 2 with respect to each of the said land, the registration of creation of a mortgage over KRW 150 million with respect to each of the instant land, which is owned by the debtor D and the mortgagee E (hereinafter “the registration of creation of a mortgage over the second collateral”).

On May 17, 2012, the Plaintiff completed the registration of transfer of the right to collateral security from E to the Plaintiff on the ground of transfer of contract on May 17, 2012 with respect to the registration of establishment of the right to collateral security for the second place of the instant case.

On May 14, 2013, the Plaintiff entered into a sales contract with the Defendant with a purchase price of KRW 220 million, down payment of KRW 220 million, intermediate payment of KRW 100 million, the remainder of KRW 98 million, and the first sales contract (hereinafter “the first sales contract”). The Plaintiff and the Defendant identified the first collateral obligation of the establishment registration of the second collateral security, and agreed to accept the remainder as KRW 100 million, and substitute the repayment of the secured obligation of the second collateral security registration. The Plaintiff purchased the same land from the Defendant on January 10, 2014. The down payment of KRW 240 million is determined as KRW 24 million, and the remainder is determined as KRW 100 million,000,000,000,000,0000,0000,0000,0000,000 won, which is KRW 161 billion,000,000,000,000,00 won.

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