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(영문) 의정부지방법원 2017.08.17 2016나60540

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Indication of recognized real estate;

1. The land of Gyeonggi-do Group C:

2. Shares of 1/4 of D land;

3. F land:

4. G land:

5. G-ground housing:

6. The remainder of KRW 410,000,000,000 for the E-land purchase price of KRW 780,000,000 for the down payment and intermediate payment of KRW 370,000,00 for the remainder payment on October 25, 201 shall be the acquisition or cancellation under the agreement between the Plaintiff and the Defendant.

On October 25, 2011, the Plaintiff entered into a sales contract with the Defendant to purchase real estate (five parcels of land and one unit of housing) as indicated in the following box (hereinafter “instant sales contract”). At that time, the Plaintiff paid KRW 370,000,000 to the Defendant.

B. Of the subject matter of the instant sales contract, the land E (hereinafter referred to as “instant land”) in Gyeonggi-gun, Gyeonggi-do is indicated only by the lot number, and the said land was in the name of the Defendant 6 degree I, and the Defendant did not complete the registration of ownership transfer for the said land to the Plaintiff until August 2012.

C. Meanwhile, around July 2012, the Plaintiff entered into a sales contract with the Defendant to purchase the J land owned by the Defendant and the K land in the vicinity of the real estate subject to the instant sales contract (hereinafter “additional sales contract”), but did not prepare a sales contract.

The Plaintiff asserted to the effect that, on September 6, 2012, the Plaintiff newly concluded a separate sales contract for adding J land and K land to the real estate subject to the instant sales contract. However, in light of the various circumstances as seen below, the Plaintiff’s assertion is difficult to accept and there is no other evidence to acknowledge it otherwise.

C 1 C 1 120,000,000 won plus KRW 810,000,000 for land added to KRW 130,000,000 for 3 F 10,000,000 for 4 G 500,000 for 5 G above ground and KRW 6 J 20,000,000 for 6J 7 K 20,000 for 00 for 00,000 for land added to KRW 810,000 for 5.

(d) thereafter.