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(영문) 서울중앙지방법원 2015.07.15 2014가합50307

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) After the conclusion of the sales contract between the defendant and C, C is about the following: Seongbuk-gu Seoul Metropolitan Government M. D. 22.6m, the 16m square meters of the 1st floor of the 2nd floor of the 2nd floor of the 2nd floor, the 16m square meters of the ground, the 2nd floor of the 2nd floor (hereinafter the above land is referred to as “instant land”; the above building is referred to as “instant building”; the above land and buildings

(2) On December 30, 2010, through E, a real estate broker, entered into a contract with the Defendant to sell the instant real estate in the purchase price of KRW 400 million (contract amounting to KRW 40 million on the date of the contract, the balance of KRW 360 million on the date of the contract, and the payment of KRW 360 million on April 5, 201) (hereinafter “first sale contract”).

(2) On December 30, 2010, the Defendant paid C a down payment of KRW 40 million to C. (2) On April 5, 2011, the remainder payment date of the first sale contract, the Defendant confirmed that the lessee continues to operate the instant building, and paid KRW 50 million out of the sales balance to C. On April 8, 2011, the Defendant sent to C a peremptory notice on April 6, 201, stating that it is likely for C to settle the remainder as soon as it is likely for the lessee to pay the remainder as he/she is still operating in the instant building.

3) On April 13, 2011, the Plaintiff sent a notice to the Defendant that the remainder of KRW 310 million will be terminated if it would not be paid by April 20, 2011. On April 18, 2011, the Defendant sent to C a written answer to the effect that C would withdraw the lessee of the instant building and pay the remainder at the same time as the delivery of the instant real estate. (iv) On April 22, 2011, the Seoul Central District Court deposited KRW 50 million, which was paid by the Defendant as the principal deposit, with the Defendant as the remainder of KRW 80,000,000,000,000,000,000 from the Defendant as the principal deposit. The deposit cause had been terminated after the lapse of April 20, 2011 upon the notice of the first sales contract as of April 13, 2011.

5. On the other hand, the defendant paid 50 million won to C on May 13, 2011, and C again on May 1, 2011.