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(영문) 부산지방법원 동부지원 2017.03.15 2016가단202116

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 September 23, 2015, the Plaintiff entered into a contract with the Defendant to purchase (hereinafter “instant real estate”) No. 303 (hereinafter “instant real estate”) of the Busan Metropolitan City C Building (hereinafter “instant contract”) from the Defendant, and the main contents thereof are as follows.

The price: 428,00,000 - Contract deposit: 30,000,000 won (payment on a contract basis) - Any balance: 398,000,000 won (payment on November 30, 2015) (payment on a contract basis) - there is no error in the register - No fault in the register - No fault in the register, the amount of the maximum amount of the No. 336,00,000 won is secured at the expiration of the remainder, and cancellation at the end of the balance.

B. The Plaintiff paid the down payment of KRW 30 million on the date of the contract, but did not pay any balance on the agreed remainder payment date, and the Plaintiff and the Defendant delayed the payment date of the remainder on January 15, 2016.

C. On December 23, 2015, the Defendant concluded a contract to establish a right to lease on a deposit basis with a period of KRW 350 million from January 15, 2016 to January 14, 2018 with respect to the instant real estate, the Defendant received the full amount of the deposit on a deposit basis from Poco Construction, and completed the registration of the establishment of a right to lease on a deposit basis on January 19, 2016.

On January 4, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that “the payment of the balance shall not be interrupted by January 15, 2016, which is the due date for the remainder payment.” The Plaintiff, upon receipt of such mail, did not respond to the above content-certified certification.

In the event that the Plaintiff fails to pay any balance by January 15, 2016, " January 14, 2016, the Plaintiff rescinds the instant sales contract."

“The content-certified mail sent to the Plaintiff, but was not served on the Plaintiff due to the absence of a closed door.

E. The Plaintiff’s deposit passbook contains the following contents.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, 3, and 8, entry of Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Article 3 of the sales contract of this case for the plaintiff's assertion 1 is a seller.