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(영문) 인천지방법원 2015.03.24 2013가합19775

손해배상(기)

Text

1. The Plaintiff, Defendant A, and Defendant B, respectively, KRW 212,600,00, and KRW 57,600,000 out of the respective money of Defendant A and each of them.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant A’s sales contract, etc. 1) Defendant A’s sales contract, etc. of the Plaintiff and Defendant A with the Incheon Gyeyang-gu District Court E case of auction of real estate (hereinafter “instant auction case”) regarding the building D in Gyeyang-gu, Incheon, Incheon, about 401, 402, 403, 404, 406, 409, 409, 501, 505, 506, 507, 508, and 509 (hereinafter “each of the instant commercial buildings”).

(2) On November 9, 201, the Plaintiff was selected as the highest buyer. (3) On November 9, 201, the Plaintiff purchased each of the instant commercial buildings from Defendant A with the purchase price of KRW 1.55 billion (hereinafter referred to as “instant sales contract”).

In the instant sales contract, the Plaintiff entered into a contract, and the contents relating to the instant case are as follows: - In the sale of each of the instant shopping districts, Article 2 (Sale Price), the Plaintiff pays the purchase price to Defendant A as follows. The purchase price: KRW 1550 million: KRW 1550 million: KRW 1550 million: The down payment shall be paid at the time of the contract and shall be received at the time of the contract, and the remainder of KRW 1.395 million: the payment date: Article 5 (Liability) shall be the second week from the following day after the date of the full payment of the successful bid price for the instant auction case; the expenses incurred in filing an application, such as registration tax required for the procedure for the registration of transfer of ownership of each of the instant shopping districts, shall be borne by the Plaintiff; and the expenses incurred in filing an application, such as cancellation of the registration required under the premise of the registration of transfer of ownership, shall be borne by Defendant A.

Matters of special agreement

1. The loan of 90% (1.28 billion won) which is the successful bid price of Defendant A and the remainder shall be paid to Defendant A after the Plaintiff succeeded to the loan in settling the balance and then the remainder shall be paid KRW 15 million to Defendant A;

(The date of remaining pay and settlement shall be the second week from the day following the date of the completion of the successful bid price in the auction case of this case). 2. The order execution for the present possessor shall be jointly carried out by the plaintiff and the defendant A, and the expenses incurred in delivery shall be borne by the plaintiff.

3. The plaintiff is the defendant on November 9, 201.