손해배상
1. All claims filed by the plaintiff (appointed party) and the selector are dismissed.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2-2, 3, and Eul evidence Nos. 1 to 4 (including each number), together with the purport of the whole pleadings:
The defendant is the owner of the E-building, which is a multi-family housing of five stories located in D at three times.
B. On May 27, 2013, Plaintiff (Appointed Party) entered into a sales contract with the Defendant for the sale price of KRW 129,000,000 with respect to the above E-building 101 Dong 401 (hereinafter “instant real estate No. 1”) and transferred KRW 8,00,000 to the Defendant on the same day.
C. Of the sales contracts written between the Plaintiff (Appointed Party) and the Defendant, the lower part of Article 1 (Payment Method) states that “The loans of KRW 12,000,000 are replaced by intermediate payment at 70-80%.”
The main contents of the above sales contract are as follows.
Article 6 (1) The defendant shall complete the registration of preservation of the building within 60 days from the completion date of the above display property.
② The Plaintiff (Appointed Party) shall complete the sale price and other amount in full, and immediately after the Defendant completes the preservation registration, the transfer of ownership shall be completed at the expense of the Plaintiff (Appointed Party) A, and all damages and public charges incurred due to the Plaintiff (Appointed Party)’s failure to complete the transfer of ownership shall be borne by the Plaintiff (Appointed Party) in full.
(3) Where the procedures for ownership transfer are delayed due to unavoidable reasons, not attributable to the defendant, the plaintiff shall not raise any objection thereto.
Article 11(5) The scheduled date of occupancy shall be July 2013 and accurate date of occupancy shall be later notified.
Provided, That where business is delayed due to reasons not attributable to the defendant, such as modification, delay, natural disaster, force majeure, occurrence of civil petition, etc., the defendant may extend the scheduled date of occupancy.
E. On May 27, 2013, the Selection C is not more than 101 Dong 501, and between the Defendant and the Defendant.