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(영문) 부산지방법원 2019.01.17 2018가단307767

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. On October 20, 2016, the Defendant, a housing constructor, purchased the Plaintiff’s land and building C (hereinafter “instant real estate”) and neighboring land, and concluded a sales contract with the Plaintiff on the instant real estate (hereinafter “instant sales contract”) with the Plaintiff, and signed the sales contract with the Plaintiff on October 20, 2016 (hereinafter “instant sales contract”). The key contents are as follows.

The sales contract of this case

3. The value of the instant real estate shall be KRW 70,000.

4. It shall be paid 20,000 won, which is a part of the land price at the time of transfer of ownership, and the remainder 50,000 won shall be paid in kind to one room on the sixth floor

6. The ordinary unit price of a house received in kind shall be four million won, and the difference shall be paid by the defendant to the plaintiff after the settlement of the ordinary unit price of the land;

9. If the construction is delayed or discontinued for more than one month due to the defendant's circumstances, the defendant shall pay the plaintiff the full amount of the difference that the construction is to be repaid as substitute in cash.

10.For paragraph 9, D shall guarantee.

11. When the issue of paragraph (9) arises, the defendant shall transfer the ownership and all rights of the transferred real estate to the plaintiff without any justifiable reason, and the defendant shall not raise any civil or criminal objection against this.

B. On November 15, 2016, the Defendant paid KRW 20,000 to the Plaintiff pursuant to paragraph (4) of the instant sales contract, and the Plaintiff completed the registration of ownership transfer concerning the instant real estate to the Defendant on November 21, 2016.

C. Although the Defendant intended to remove the building and commence construction, the construction was eventually waived, and the instant real estate was completed on February 28, 2018 to E Co., Ltd. on the grounds of sale on December 10, 2017, and transferred KRW 50,000 to the Plaintiff on the same day.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, and Eul evidence No. 2.