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(영문) 인천지방법원 2017.05.12 2014가합57552

손해배상(기)

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1. Defendant A’s KRW 200,000,000 and interest rate of KRW 15% per annum from October 28, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A entered into a real estate sales contract between the Plaintiff and Defendant A on November 8, 2012, and the Plaintiff entered into a real estate sales contract with Defendant A (hereinafter “each of the instant real estate”) as stated in the separate sheet Nos. 1 through 3 (hereinafter “each of the instant real estate”), and “1 through 3 real estate” in the order of the separate sheet

2) The sales contract for sale (hereinafter “instant sales contract”)

In the process of concluding the instant sales contract, Defendant B entered into a contract with the authority delegated by Defendant A to carry out the instant sales contract, and entered into a practical practice as follows. The sales amount of KRW 2,100,000,000: 1,60,000,000 shall be paid to the seller at the same time as the contract was entered into and received from the seller (as of the contract date set forth in each of the instant real estates, the secured obligation shall be deemed to have been paid by the buyer to the buyer at the same time as of the contract date.

part payments: 200,000,000 won (40,000,000 won) shall be paid respectively on November 8, 2012; 160,000,000 won on November 20, 2012.

Any balance: 300,000,000 won (the buyer purchased the above real estate and completed the construction, and then will pay it in lot or in cash, but the buyer will certify the payment contract equivalent to 300,000,000 won in exchange for payment in kind at the notarial office in order to correct this, the name of the real estate and the delivery of the real estate under Article 2 will be made on December 20, 2012.

Article 4 A seller shall provide a purchaser with all documents concerning transfer of registration so that a purchaser can complete the registration of ownership transfer at the same time with the balance of an intermediate payment.

Article 5. The buyer may cancel the contract in cases where there is a mortgage, lease, superficies and other limited real rights or seizure which the buyer has not taken over for the subject real estate, and the seller shall compensate for the damages caused by such cancellation.

When the seller has entered into this contract, he shall receive the down payment.