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(영문) 서울고등법원 2016.03.17 2014나28086

손해배상(기)

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. On July 2005, the Plaintiff and C Co., Ltd. (the P and the change of the representative director are Co., Ltd. D; hereinafter “C”) concluded a sales contract to purchase real estate from the Defendant around the beginning of July 2005.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

(hereinafter referred to as the "real estate" shall be specified according to the lot number, and divided G land shall be specified according to the parcel number before and after the division. At the time, the registration of ownership transfer was completed in the name of E in the name of F land, G land before division, etc.

(b) Sales amount: 138,000,000 won down payment and the first intermediate payment: 70 million won; and

(zb) The date of the contract;

The second part: 25 million won

(z) The third part payments made by July 30, 2005: 25 million won;

(z) Any balance paid until August 30, 2005: 18 million won;

b. It shall be paid by September 30, 2005;

Provided, That the balance payment date may be adjusted under the mutual agreement of both parties.

Article 2. The seller shall receive the balance and deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time, and shall issue an order to the real estate.

B. On September 9, 2005, the G land (former 1,266 square meters) located prior to subdivision was divided into 277 square meters prior to I, J, 63 square meters prior to K, and 10 square meters prior to K, and was divided into 240 square meters prior to L on May 10, 2006.

C. As to the land involved in the instant sales contract, the registration of ownership transfer and provisional registration was completed and cancelled as follows:

(Provisional Registration refers to the provisional registration of ownership transfer, and the “registration of transfer” refers to the “registration of ownership transfer.” The “provisional registration” is divided from the land I to Qua on June 7, 2007, but omitted for convenience, although it was divided into a size of 175 square meters prior to Qua on June 7, 2007). F land H after the division of land G after the division of land G after the division of land J after the division.