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(영문) 서울동부지방법원 2015.12.23 2014가합110950

손해배상(기)

Text

1. Defendant B and C jointly share KRW 650,000,000,000 for the Plaintiff and the period from December 16, 2014 to December 23, 2015.

Reasons

Basic Facts

On August 21, 2008, the Defendant B and C succeeded to each of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) among the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) upon the death of E, his father, and Defendant D is the mother of Defendant B and C.

On September 24, 2014, the Plaintiff agreed to purchase KRW 10,579 square meters among the instant real estate owned by Defendant B and C from Defendant D, the agent of Defendant B and C, in the purchase price of KRW 3.152 million. The Plaintiff agreed to pay KRW 400 million for the date of the contract, the intermediate payment of KRW 1.1776 million on October 15, 2014, and the remainder of KRW 1.576 million on January 22, 2015, and the down payment amount of KRW 400 million on the date of the contract.

(hereinafter referred to as the “instant sales contract”). The key parts of the instant sales contract relating to the instant case are as follows.

Article 5) Before the Plaintiff pays the intermediate payment (in the absence of an intermediate payment agreement, the Defendants shall compensate for a double amount of the down payment, and the Plaintiff may waive the down payment and rescind the instant sales contract. Article 6) In the event of nonperformance under the instant sales contract, the Defendants or the Plaintiff may, in writing, notify the other party who has defaulted his/her obligation to perform the obligation, notify the other party who has defaulted his/her obligation of the performance in writing and cancel the relevant contract.

In such cases, the defendants and the plaintiff may claim damages against the other party respectively, and the standards of Articles 5 and 5 shall apply, unless otherwise agreed.

(Matters of Special Agreement)

2. The addition to or reduction in the size of the land after the division of the above lot number is determined by the remaining date shall be calculated both after the difference.

3. At the same time as the contract is concluded, the seller shall provide the seal imprint or written consent for use necessary for the building permission.

6.To enter into a contract by designating an agent (Defendant D) with a certificate of seal imprint and power of attorney attached.

10. Such roads as are necessary for permission shall be secured by seller; and

The instant real estate is divided around October 7, 2014.