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(영문) 인천지방법원 2018.06.21 2017가단211381 (1)

손해배상(기)

Text

1. The Defendant’s KRW 7,247,562 as well as the Plaintiff’s annual rate of KRW 5% from April 13, 2017 to June 21, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s ASEAN (hereinafter “the Plaintiff’s side”) operated the instant house with the trade name “E” on the ground of the Nam-gu Incheon Metropolitan City D, and, on October 2016, the Plaintiff and the Plaintiff had neighboring multi-family houses with the aim of securing rental revenue, requested H of the “G Licensed Real Estate Agent Office” located in the same building as the above Ga to purchase the instant house in order to purchase the F houses (the third floor, the apartment house on the ground, the first floor, the apartment house on the underground, and the instant house) owned by the Defendant.

B. On October 28, 2016, H confirmed the Defendant’s intent to sell the instant house at KRW 1.1 billion upon the Plaintiff’s request. After confirming the Defendant’s intent to sell the instant house at KRW 1.1 billion, H visited the instant house with the Plaintiff’s side on the same day and October 29, 2016, and confirmed the external condition of the instant house, including the retaining wall of the building parking lot, and confirmed the external condition of the instant house, including the retaining wall of the building, on October 30, 2016. Since all the heading rooms of the instant house were leased at the time, it cannot be seen as the internal structure of each bank, and therefore, confirmed only 301 internal structure with the lessee’s understanding.

C. On November 1, 2016, the Plaintiff entered into a sales contract with the Defendant regarding the instant housing at the said licensed real estate agent’s office (hereinafter “instant sales contract”). The main contents are as follows.

The purchase price: The sale price shall be paid and received at the time of the contract at the time of the payment of the gold-day KRW 1,080,000 (gold KRW 1,000:0,000): The second installment shall be paid on November 29, 2016 at the time of the contract.

Any balance: The payment shall be made on December 15, 2016 at the rate of KRW 00,000.

[Matters of Special Agreement]

1. A contract is concluded after an on-site inspection in the current facilities, referring to the certificate of registered matters, confirmation of land use, building register, land cadastre, etc.; 2. Various public charges until the remainder shall be borne by the seller;

3.The provisions of this Special Agreement shall not be contained.