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(영문) 서울북부지방법원 2018.08.30 2016가합24950
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into an exchange contract on September 8, 2015, the first floor D and E of the building of the building of the Plaintiff, Nam-gu Incheon Metropolitan City (hereinafter “Plaintiff building”) owned by the Plaintiff.

2) Friri-gun, Chungcheongnam-gun, the Defendant, and the Fri-ri (hereinafter referred to as “Fri-ri”).

) The land located (hereinafter “Defendant’s land”).

2) The contract to exchange (hereinafter referred to as “instant exchange contract”)

(2) According to the instant exchange contract, the Plaintiff’s building shall be assessed as KRW 1.13 billion, and the amount of KRW 50 million shall be assessed as KRW 1.1 billion, and the amount of KRW 80 million shall be assessed as KRW 1.1 billion, and the amount of KRW 50 million shall be assessed as KRW 1.1 billion against the Plaintiff’s creditor association and the maximum debt amount of KRW 1.84 billion against the Plaintiff’s lessee of the Plaintiff’s building and KRW 50 million against the lessee of the Plaintiff’s building, respectively, by the Defendant’s succession to each of the amount of KRW 280,000,000,000 for KRW 1.1 billion, KRW 300,000,000,000 for KRW 50,000 for the Plaintiff’s building.

The Defendant’s land shall be assessed as KRW 500,000,000 and KRW 50,000,000,000 for collateral security obligation established on the Defendant’s land, respectively, were succeeded to by the Plaintiff, and the net value was calculated as KRW 330,00,000 (= KRW 500,000 - KRW 120,000 - KRW 50,000).

3. As the special terms of the instant exchange contract, ① KRW 800,000 shall be succeeded to by the Defendant at the same time with the contract. ② The Plaintiff and the Defendant seem to mean the assumption of obligation in the event of failure to perform the procedure for title change by the agreed deadline for the secured obligation established on the other real estate.

hereinafter the same shall apply.

(3) If the Defendant fails to implement the procedure for change of ownership of the secured debt of KRW 800 million, which was established on the Plaintiff’s building, within the agreed period, the Defendant shall pay the Plaintiff a penalty of KRW 200 million, and ④ The Plaintiff’s building.

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