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(영문) 울산지방법원 2015.06.18 2014가합17929
약정금
Text

1. The defendant shall pay 20 million won to the plaintiff and 20% per annum from January 4, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant C Co., Ltd. (hereinafter “C”) was established on October 11, 201 for the purpose of real estate sale and lease business, and the Defendant is the intra-company director of C.

B. On May 16, 2012, the Plaintiff entered into a real estate sales contract (i) the Plaintiff’s forest 9,494 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant forest”).

If a portion of approximately 620.4 square meters (18 square meters) out of the forest is divided into the said forest and field, the registration of ownership transfer shall be made in the future of the Plaintiff, and the purchase price of KRW 13.4 million (5 million per square year) is 13.4 million.

2) The sales contract of this case was purchased (hereinafter “instant sales contract”).

(3) The Plaintiff paid the down payment of KRW 13.4 million to the Plaintiff at the time of the contract, and paid KRW 83.4 million in the balance by October 15, 2012. The Defendant’s name, resident registration number, address, and contact number is indicated in the name of the Defendant, and the Defendant’s brief signature is indicated in the name of the Defendant. The key contents of the instant sales contract are as follows. The total amount of the price of KRW 9,494 square meters (50,000,000 in separate drawings No. 6:00,000,000 won: KRW 83.4 million in the contract shall be paid to the buyer at the time of the contract. In the event of the seller’s breach of the contract, the contract shall be null and void when the buyer has placed the contract, and the contract shall be converted into the total amount of the down payment and the down payment shall not be claimed until the first 20,000,000 won in the first 20.

C. On November 29, 2012, the instant forest land, including the division of the instant forest and the demand notice of performance to C, etc., is classified into: (a) 596 square meters of forest E in Ulsan-gun, Ulsan-gun, 509 square meters of forest land; (b) 507 square meters of G forest, 232 square meters of H forest and 232 square meters of forest and 7,105 square meters of forest, respectively.

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