beta
(영문) 부산지방법원 2020.06.18 2019가단336410

구상금

Text

1. As to the Plaintiff’s KRW 76,100,000 and KRW 76,000 among them, the Defendant shall pay to the Plaintiff KRW 10,000,000 from August 15, 2019.

Reasons

1. Basic facts

A. The Defendant is the owner of the building with D large 239 square meters and its ground (hereinafter collectively referred to as the “instant real estate”), which is the regional housing association under the Housing Act where the Plaintiff, including the instant real estate, serves as the business site.

B. On May 2, 2017, the Plaintiff entered into a sales contract for the instant real estate (hereinafter “instant sales contract”) with the Defendant, and the main contents are as follows.

Article 1: Article 2: The seller shall receive the balance of the purchase price and deliver all documents necessary for the registration of transfer of ownership to the purchaser at the same time, and deliver the said real estate to the purchaser, and if there is any unpaid refund, public imposts, or other charges that restrict the exercise of ownership, he/she shall remove the defect and burden of the right before the date of the outstanding payment and transfer the full ownership to the purchaser.

Article 3: Liability to pay taxes, public charges, etc. concerning the target real estate shall be vested in the seller, and the latter shall vest in the buyer, if the latter is made on the basis of the delivery date of the target real estate.

Matters of special agreement

1. The purchaser, who is unable to receive the purchase price from the account of the deposit of the purchase price under the “Agreement on Real Estate Sale” drawn up by the seller’s intention or negligence (closed, etc. of the deposit account of the purchase price), shall obtain the contractual right and ownership interest rate by depositing the purchase price to the competent court.

3. A seller shall perform a pre-sale map (all related to pre-transfer household, moving-in household, moving-in director, etc.) of the principal, lessee, etc. existing in the real estate at his/her responsibility so as not to cause any trouble to the buyer's business, such as removal, etc., and the life limit shall not exceed 30 days after the balance is received

C. After the sales contract of this case, the defendant.

참조조문