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(영문) 부산지방법원 2014.06.12 2012가합13135

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant entered into a contract on November 201, 201 that the sales contract between the Defendant and the Defendant entered into the sales contract by setting the supply amount of KRW 3.3 billion and the scheduled date for approval for use and occupancy of the commercial building (hereinafter “instant commercial building”) on the 7th floor in Gyeyang-si and D ground (hereinafter “instant commercial building”) on the entire seven floors in Yangsan-si and Yangsan-si, and concluded a provisional contract on June 3, 2010 and on August 19, 2010.

(hereinafter “instant sales contract”). B.

On June 13, 2011, the Plaintiff purchased 725 commercial buildings of this case from the Defendant respectively in KRW 325,286,038, and KRW 703,704 of this case on June 24, 2011 and KRW 110,842,195, respectively.

(2) The sales contract for each of the instant stores purchased by the Plaintiff from the Defendant is deemed to be the “each of the instant stores,” and the sales contract for each of the instant stores is deemed to be the “instant sales contract.” The main contents of the instant sales contract are as follows.

Section 3 (Payment of Price) Buyers will pay the following amounts for the transfer of rights to each of the stores of this case:

(including value added tax). The third, fourth, and the remainder payable shall be paid by the buyer to the trust agency (KB) in accordance with the contract after succession to the contract.

The total sale price of KRW 110,842,195 per unit of KRW 325,286,038 down payment amounting to KRW 26,427,797 ( June 24, 2011), Dong 86,462,108 ( June 13, 2011), part payment loan of KRW 31,65,399, Dong 89, 891,80 [the right and duty of KRW 10,51,51,80 (the payment date) at KRW 110,842,195, Dong 329,52,91 (the payment date) [the person who succeeds to the right and duty of KRW 45,51,985, Dong 95, 985, Dong 195, Dong 205, 985, Dong 195, Dong 25, 195, Dong 2011]