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(영문) 대구지방법원 2015.09.22 2015가단4068

손해배상(기)

Text

1. The Defendants jointly share KRW 19,778,890 for each of the Plaintiffs, and as to this, from April 2, 2015 to September 22, 2015.

Reasons

A. A contract was concluded (hereinafter “instant sales contract”).

Article 3 of the sales contract of this case provides that a seller shall transfer full ownership to a buyer by removing the defects and burdens of the right if there are grounds for restricting the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on real estate for sale, or if there is any unpaid amount of tax and other charges, etc., by the

In addition, the sales contract of this case has the following special terms and conditions (hereinafter “instant special terms and conditions”).

(1) Shares C are Section B of a separate attachment.

(2) All cemeteries in the part of sale shall be transferred by the seller to September 5, 2004.

(3) Surveys of the division of shares (e.g., the indication of the accompanying drawings) shall be borne by the seller by September 5, 2004.

I: A separate category: the share location of co-owners (H and I) is a separate cadastral map A.

* Separate cadastral map A: On October 6, 2003, the Plaintiff completed the registration of ownership transfer in the Plaintiff’s sole name as to the entire shares in Defendant C’s name on the part of October 6, 2003, after paying the Defendants a down payment of KRW 130 million on the contract date, and KRW 270 million on October 6, 2003.

The Defendants, on October 6, 2003, prepared a letter stating the same contents as the contents of the instant special agreement, which is the remaining payment date, in order to guarantee the performance of the terms of the instant special agreement, and delivered it to Plaintiff A along with the certificate of personal seal impression of the Defendants.

[3] The Plaintiffs, against the Defendants on November 19, 2012, were unable to perform the terms of the instant special agreement, which was concluded by the Defendants to divide the entire graves by September 5, 2004, into the said Section B, H, and I owned by the Plaintiffs, and the said Section A owned by H, and thus, the instant sales contract was delayed by the Defendants.