손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The grounds for this part of the judgment of the court of first instance are as follows.
In addition to the appeal as follows, the corresponding part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance.
E. Defendant B received a report on the removal or destruction of a building to the competent authority on October 13, 2017, and the Defendants did not remove the building, etc. located on the instant real estate.
After that, on October 23, 2017, Defendant B issued a receipt for the remainder to the Plaintiff, stating that “after the end, the receipt shall be interpreted and determined by the contract and the special agreement (including litigation and authoritative interpretation) related to this case.”
2. The party's assertion and judgment
A. The Plaintiff’s assertion 1) The Defendants asserted that they had to remove the ground object located in the instant real estate in accordance with the terms and conditions of the instant sales contract, but failed to perform them. Accordingly, the Plaintiff removed the ground object on behalf of the Defendants, and disbursed the total amount of KRW 48,330,000. The Defendants are jointly and severally liable to pay the Plaintiff the said money as damages for nonperformance pursuant to Article 57(1) of the Commercial Act. 2) The Defendants’ assertion cannot respond to the Plaintiff’s claim on the premise that they had the obligation to remove the ground object for the following reasons
① The phrase “defluence” is not written in the sales contract of this case, but the phrase “defluence” is written by the seller as “defluence.” The meaning is that the seller entrusts the seller with the report of defluence, which is an administrative procedure, so that the buyer does not have any legal problems in removing
② Article 6 of the sales contract, prepared as of September 19, 2017 between the Defendants and buyers, states that “any fixtures, facilities, etc. attached to the main real estate shall be sold in the current state.”
(b).