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(영문) 제주지방법원 2018.04.10 2017가단741

손해배상(기)등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 30, 2016, the Plaintiff purchased 426 square meters of the price of KRW 270 million from D, Seopo-si, Seopo-si (hereinafter “Before subdivision”) registered under the name C from the Defendant at the time, and paid the Defendant the down payment of KRW 40 million to the Defendant on the same day.

(2) The main contents of the instant sales contract are as follows: (a) KRW 230 million was paid on December 30, 2016.

Article 2 (Transfer, etc. of Ownership) A seller of a real estate sales contract shall deliver all documents necessary for the registration of transfer of ownership to a buyer and cooperate in the registration procedure.

Article 6 (Non-performance of Obligations and Compensation for Damages) A seller or a buyer may claim damages for any non-performance of the terms and conditions of this Agreement to the other party, respectively, and the contract deposit shall be deemed to be the basis for damages,

Matters of special agreement

1. A seller shall perform all expenses incurred in granting a building permit and changing the form and quality of land, occupation and use of land, recovery (the entire part abutting on the opposite side), water supply, sewage, electricity, and construction and other water construction before December 30, 2016 by dividing the land into the land after being registered within the period of September 15, 2016 by the owner C on the current public record and performing all expenses incurred in granting a building permit and taking a provisional registration necessary for the buyer's activities.

(c) Execution of construction works shall be governed by the purchaser's will;

Provided, That the cost of construction shall be borne by the purchaser.

2. A seller shall make a provisional registration to a buyer at the same time with the balance, and transfer the principal registration to a buyer immediately after the completion of the building;

Provided, That the buyer shall pay 30 million won out of the remainder of the performance guarantee to the seller after transferring the entire registration of the land to the seller.

3. The seller shall continue to pay 0.3% of the daily down payment at the time of delay in the implementation of this Agreement.

B. C On September 5, 2016, the same year is applicable to the Defendant regarding the land before subdivision.

7.16. Only for sale and purchase.