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(영문) 인천지방법원 2018.11.15 2017가단8424

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 20,190,569 and its amount on December 21, 2016.

Reasons

1. Determination on the main claim

A. On January 10, 201, the Plaintiffs: (a) sold to the Defendants the Seo-gu Seoul Building No. 101 Dong 1704 (hereinafter “instant apartment”) as follows (hereinafter “instant sales contract”); and (b) concluded a balcony expansion contract on the same day as follows.

(hereinafter “Calcony Contract”. The scheduled date of occupancy in the instant sales contract: (a) the agreed amount agreed on September 7, 2013 on the date of the first contract for the contract for the supply price classification; (b) the intermediate payment of KRW 20,000,000 on January 14, 201 at the time of the first contract for the contract for the contract for the contract for the contract for the contract for the contract for the contract for the contract for the sale of this case: (c) the intermediate payment of KRW 20,100,000 on January 17, 2011; (d) the intermediate payment of KRW 95,10,100,000 on April 95, 2011; and (e) the Defendants cannot cancel or terminate the contract even after the end of the contract for the contract for the remainder designation of KRW 158,50,000 on January 7, 2013; and (e) the Plaintiffs may not cancel or terminate the contract for the following reasons.

1. Where the part payments are not paid on at least three consecutive occasions;

3. Where the balance is not paid within three months from the agreed date.

4. A case where the Defendants unilaterally failed to move in within three months from the expiration date of the occupancy designation period. ② When the Defendants unilaterally wish to terminate the contract (if the Defendants paid the two-time contract deposit, it is limited to the case where the Plaintiffs are recognized) (4) where this contract is cancelled or terminated under paragraphs (1) and (2), the sale price already paid by the Defendants shall be appropriated in the order of late payment (including late interest), penalty, substitute interest, loan, management fee, etc.

Article 3 (Penalties) (1) In the event that this contract is terminated due to a cause falling under Article 2 (1) and (2), the Defendants shall compensate the Plaintiffs for the amount equivalent to the first and second installment of the down payment.

Article 8 (Transfer of Ownership) (1) The Plaintiffs are the instant case.