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(영문) 인천지방법원부천지원 2020.11.13 2019가단104701

손실보상금

Text

1. The plaintiff's main claim and the defendant's counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On April 19, 2018, the Defendant filed an application for provisional seizure of real estate with respect to the Plaintiff’s share 135/430 of the Plaintiff’s share among the roads E, Kimpo-si, Kimpo-si, Kimpo-si (Seoul District Court Decision 2018Kahap10161), and received a decision on April 19, 2018 on the provisional seizure of real estate with respect to the obligee, the obligor, the obligor’s claim for construction cost, the claim amount, and the claim amount of KRW 240,000,000.

(hereinafter “instant provisional seizure”). (b)

On April 20, 2018, the Plaintiff concluded a sales contract of KRW 400,000 with respect to the purchase price of KRW 2,011 square meters and KRW 9 square meters among roads E (hereinafter “each of the instant lands”) (hereinafter “instant sales contract”), and the remainder of KRW 350,000,000 was paid on May 10, 2018.

On May 1, 2018, according to the execution of provisional seizure on the above land, the provisional seizure was registered around April 23, 2018 on the seller's land after the contract of the land was added to the following special agreement at the time of transfer of ownership.

Although the buyer demanded the termination of the sales contract to the seller, the buyer could not cancel the contract due to the circumstances of the seller.

The seller, instead of the termination of the contract for sale of land

(a)the seller shall receive any balance of the land prices within 15 days of the decision to terminate the provisional attachment of the land;

(b) A seller shall bear expenses incurred in transferring ownership;

C. The full amount of the loss shall be compensated to the buyer when the provisional attachment lawsuit filed on this land was lost.

C. After receiving the down payment and intermediate payment of the instant sales contract, the Plaintiff came to know that the Defendant made the instant provisional seizure, and drafted a sales contract again by stating the following special terms and conditions as F.

The plaintiff filed a lawsuit against the defendant, and the defendant filed a lawsuit against the plaintiff for the payment of the construction cost in accordance with the order to file the lawsuit (Yancheon District Court Branch Decision 2018Gahap102002, hereinafter "the principal lawsuit of this case") and the judgment against the defendant on November 16, 2018 was rendered against the defendant.