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Reasons
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(영문) 대구지방법원 김천지원 2021.02.18 2020가단34802
위약금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. On May 14, 2020, the Defendant entered into a sales contract with Nonparty C to purchase the Guro-si apartment E (hereinafter “instant real estate”) at KRW 268 million (hereinafter “instant sales contract”). The special terms and conditions of the said sales contract are as follows: “C shall actively cooperate so that the seller C may set a lease on a deposit basis after the sales contract.”

“ include the content of “”.

On the day of the above sales contract, the Defendant paid the down payment of KRW 26 million to C, and agreed to pay the remaining KRW 242 million to C on June 30, 2020.

B. After June 18, 2020, the Defendant entered into a lease contract with the Plaintiff on the instant real estate (hereinafter “the lease contract of this case”). The terms of the lease contract of this case set forth as KRW 210 million as the deposit for the lease of this case, the term from July 16, 2020 to July 15, 202, and the Plaintiff’s use of and benefit from the said real estate.

The special terms and conditions of the lease agreement of this case "A buyer confirmed that this article is currently in the course of sale."

Lease contract shall be entered into with B by the purchaser.

“The Plaintiff included the content of “” and agreed to pay the Defendant the down payment of KRW 21 million on the day of the said lease contract, and the remaining KRW 189 million to be paid on July 16, 2020.

(c)

C On June 26, 2020, the seller is the day before June 30, 2020, which is the payment date of the remainder under the instant sales contract.

It notified the Defendant, who is the buyer, through Nonparty F, of the intention to cancel the sales contract of this case by repaying the down payment.

(d)

On July 2, 2020, the Defendant repaid KRW 21 million, which is the amount equivalent to the deposit amount of the instant lease contract, to the Plaintiff’s bank account.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including each number, if any, including each number; hereinafter the same shall apply), Eul evidence Nos. 2, 3, 5 through 7, and the purport of the whole pleadings

2. The Parties.

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