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(영문) 광주고등법원 2018.09.07 2018나20414

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 29, 2009, the Plaintiff (the trade name before the modification was changed to the trade name as of March 19, 2015) purchased from the Defendant the content as follows (hereinafter “instant sales contract”). The Defendant paid the Defendant KRW 50,000,000 in total of the down payment and the first intermediate payment, and completed the registration of ownership transfer under the name of the Plaintiff as to each of the above lands on June 15, 2009.

Article 1 (Purpose of Contract) The purpose of the instant sales contract is to purchase each of the instant land from the Defendant and build multi-family housing, and the Defendant fully recognizes this and performs the best cooperation and responsibilities in order to achieve the purpose of the said contract.

Article 3 (Sale Price) The sale price of each of the instant lands (hereinafter “sale Price”) shall be KRW 725,00,000.

Article 4 (Methods of Payment of Sale Price) of the total purchase price of KRW 725,00,000 (Methods of Payment of Sale Price) within 30 days after the completion of the remainder 30% of the total purchase price at the time of receiving the approval of the intermediate payment (1j) on April 29, 2009 (2j) at the time of receiving the approval of the intermediate payment (1j) on April 10, 200,000 (2j).

2. The payment of intermediate payments and remainder shall be made within 30 days after the record of the Bank PF (mid-term loans) is put on with construction authorization and permission;

Article 6 (Delivery of Documents)

1. All the matters concerning restricted real rights, provisional seizure, provisional disposition, seizure, mortgage, etc. other than ownership and the restriction on activities shall be cancelled under the responsibility of the defendant prior to the payment of part payments;

Article 9 (Tax and Public Charges) Taxes, public charges, and delinquent charges incurred as of the date of the payment of the balance of each land of this case (including the due date after payment due to the occurrence of the remaining payment date) shall be borne by the defendant, and all taxes and public charges incurred after the payment date of the balance