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(영문) 서울중앙지방법원 2018.05.25 2017가단5212951

손해배상(기)

Text

1. On December 21, 2017, Defendant B, Defendants, jointly with the Plaintiff, KRW 35 million, and each of the said money. < Amended by Act No. 15095, Dec. 21, 2017>

Reasons

1. The Seoul Dongjak-gu Seoul Metropolitan Government D major 251 square meters and a single-story house (hereinafter “1 real estate”) are owned by the Defendant B. The E major 169 square meters and above-ground unauthorized buildings (hereinafter “2 real estate”) are jointly owned by the Defendants.

On September 15, 2017, the Plaintiff concluded each of the following sales contracts with the Defendants in order to remove existing buildings on the real estate Nos. 1 and 2 (hereinafter collectively referred to as “each of the instant real estate”) and build an urban residential housing:

(1) The following is included in the contract of this case, on the one hand, at the end of November 17, 2017, 200 intermediate payment of KRW 50,000 (50,000,000 as the contract amount of KRW 1,172,750,000,000,000,000,000 among the Defendants of Real Estate Nos. 2, Real Estate seller No. 1, the title of this case (hereinafter referred to as “the contract of this case,” and referred to as the “each contract of this case”) who is named as the date of the title; and each of the contract of this case is included in the following: < Amended by Act No. 117, Nov. 17, 2007; Act No. 6505, Oct. 29, 2017; Act No. 75009, Oct. 400, 200; Act No. 6273, Dec. 29, 2017>

5. In case of a contract, a seller shall cooperate with a buyer in a document (a certificate of seal imprint and seal imprint) regarding an application for a building permit;

6. All necessary expenses for deliberation, etc. on the digging land and geological features in the name of a seller shall be fully borne by the purchaser;

The period shall not exceed 30 days.

At the time of deliberation, the intermediate payment and the date of the balance may be advanced by mutual agreement.

Where it is inside the deliberation box, the down payment shall be returned and the cancellation shall be cancelled without any condition.

10. A contract deposit shall be paid 58 million won (a contract for the first sale), 25 million won (a contract for the second sale), and 58.5 million won (a contract for the first sale) and 25 million won (a contract for the second sale) from among the down payment after the deliberation of the case shall be paid;

In accordance with the above special agreement, the Plaintiff paid 58.5 million won among the down payment under the first sales contract to Defendant B on the same day, and 25 million won among the down payment under the second sales contract to the Defendants respectively.

The plaintiff shall undergo a construction deliberation within 30 days from the agreed-term date.