손해배상(기)
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 26, 2014, the Plaintiff entered into a contract with the Defendants to purchase the building site and the five-story neighborhood living facilities (D real estate) in Seongbuk-gu Seoul, Seoul, and the five-story neighborhood living facilities (hereinafter referred to as “D real estate”) owned by Defendant B and the above-story housing (hereinafter referred to as “the instant sales contract”).
B. At the time of the instant sales contract, the establishment registration of a neighboring mortgage of KRW 600,00,000 was completed in the name of the Nando Mutual Savings Bank, Nando Mutual Savings Bank, Inc. for D and D real estate.
And D Real estate was leased to a large number of lessees, and the compulsory auction procedure was in progress upon application of lesseeF.
C. According to the instant sales contract, the Defendants, the seller, paid 10,000,000 won the down payment to the Plaintiff, the buyer, and the remainder (as of September 15, 2014, the remainder) is replaced by succeeding to the Plaintiff’s financial obligations of KRW 500,00,000 and KRW 868,00,000,00 for lease deposit. The Defendants paid 60,000,000 subsidies to the Plaintiff at the time of the Plaintiff’s succession to obligations and transfer of ownership. The Defendants decided to terminate the auction in progress before September 15, 2014.
The Plaintiff received down payment of KRW 10,000,000 from the Defendants, and returned deposit of KRW 60,000,000 to F on September 15, 2014, and withdrawn the auction of D real estate.
However, until September 15, 2014, the remainder date, the registration of succession to obligations and transfer of ownership under the instant sales contract was not made.
E. On October 29, 2014, the Defendants notified the Plaintiff that the instant sales contract will be rescinded in the event that the Plaintiff is not processed by October 31, 201, while demanding that the Plaintiff be liable for nonperformance of obligations for which no succession to obligations and registration of transfer was made.
The plaintiff's failure to succeed to the obligation is due to the illegal loan of the defendants, so the contract should be rescinded at the time of rescission of the contract while maintaining the contract.