손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 5, 2014, the Defendant entered into a sales contract with the Plaintiff on each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) with respect to the development of the electric housing complex (hereinafter “each of the instant lands”), with a payment of KRW 150 million from the date of the contract, and KRW 150 million from the intermediate payment of KRW 300 million from the date of the intermediate payment of KRW 150 million from the date of the contract, March 5, 2014; and the remainder of KRW 150 million from the intermediate payment of KRW 150 million (the second intermediate payment) to the remainder of KRW 50 million from April 5, 2014; and each of the instant sales contracts (hereinafter “instant sales contract”).
B. According to the terms and conditions of the instant sales contract, if necessary with respect to the buyer’s application for a loan, the seller consented to the offer of security (Paragraph 5), the seller delivers all of the application documents for change of the form and quality to the buyer (Paragraph 6), and the B of the subject matter of the sale also acquired the seller’s ownership and agreed to transfer the land to the buyer within two months from the contract date
C. On March 20, 2014, the Defendant paid to the Plaintiff KRW 150 million in the first intermediate payment.
Defendant paid KRW 150 million to the Plaintiff on May 22, 2014, the second intermediate payment of KRW 150 million, and agreed with the Plaintiff on May 22, 2014.
In other words, the content of the instant sales contract and the special agreement were valid, while the establishment registration of a mortgage was completed to secure the return of down payment and intermediate payment paid by the Defendant to the Plaintiff, and the Plaintiff was granted a loan of KRW 500 million to the Defendant by June 20, 2014, and the ownership of each of the instant land was transferred to the Defendant on June 24, 2014. As to each of the instant land, the provisional registration of the right to claim a transfer of ownership under the Defendant’s name and the provisional registration of the establishment of a mortgage (the maximum amount of KRW 450 million) was completed. D. The Plaintiff, the Defendant, C, and D (each of the instant land) completed the registration of the establishment of a mortgage and the right to claim a transfer of ownership.
The instant sales contract on September 22, 2014.