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(영문) 서울고등법원 2015.11.19 2015나14688

손해배상

Text

1. The judgment of the first instance court, including the selective claims added at the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

Basic fact, the land stipulated in Article 1 (Subject Matter of Sale) of the instant sales contract of Songpa-gu Seoul Metropolitan Government: The purchaser shall pay the purchase price by dividing the specific details of the purchase price for the subject matter of sale into 5,275,000,500,000 won for the total purchase price for the 2nd underground and 1,643.60 square meters for the 66,75,000,000 won for the purchase price for the 370.90 square meters for the building in Songpa-gu Seoul Metropolitan Government.

The balance payment of the down payment of KRW 677,50,000 for the installment payment of KRW 1,000 for the installment payment of KRW 677,50,000 for the installment payment of KRW 5,097,500 for November 14, 2012 shall be calculated by subtracting the following amounts from the purchase price: < Amended by Presidential Decree No. 23797, Nov. 29, 2012; Presidential Decree No. 23748, Nov. 29, 2012; Presidential Decree No. 2375, Feb. 1

(1)The scope of sale and purchase of the above real estate shall be assigned to all the registered ground objects, unregistered buildings and trees, parking lots, electricity, water, gas, air conditioners, heating and cooling facilities, together with annexed bodies and machinery rooms and management rooms, by an amount agreed between the parties by the day before the closing date of transaction, including down payment and intermediate payment, deposit (2) other settlement amounts and other taxes and public charges under this contract.

Provided, That the ownership of the tenant shall be excluded.

Article 6 (Defects in Subject Matter of Sale) Seller shall deliver the above immovables to the buyer on the balance date in the condition that there is no physical or functional defect.

The buyer shall be liable for any defects found or incurred after the payment date of the balance, regardless of the reasons for such occurrence.

On October 16, 2012, the Plaintiff entered into a contract with the Defendants to purchase at KRW 6,775,00,000 (hereinafter “instant sales contract”) a building site and ground neighborhood living facilities (hereinafter “instant building”) owned by the Defendants each 1/2 share of each of the respective shares, and the main contents thereof are as follows.