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(영문) 울산지방법원 2015.07.09 2014가합18267
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 40,108,748 as well as the full payment from April 3, 2015.

Reasons

1. Basic facts

A. On April 10, 2014, the Plaintiff entered into a sales contract with the Defendant with the content that the Defendant constructed a four-story building on the ground of Ulsan-dong, Ulsan-gu, the Defendant owned (hereinafter “instant land”) to sell the said land and buildings to the Plaintiff for KRW 1,325,00,000 (hereinafter “instant sales contract”).

Under the instant sales contract, the Defendant completed the studio-type housing constructed in the Defendant’s land, completed the preservation registration, and transferred the ownership to the Plaintiff, and the remaining payment date was determined as the time of transfer of ownership after completion. The Defendant delivered all documents necessary for the registration of transfer of ownership to the Plaintiff at the time of receipt of the remainder and agreed to cooperate in the registration procedure, and the delivery date of the said real estate shall be determined on July 15, 2014 and agreed to later consult

B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 150 million and the intermediate payment of KRW 700 million.

C. On August 2014, the Defendant completed the instant land-based building (hereinafter “instant building”) and completed the registration of ownership transfer on September 15, 2014 with respect to the instant land.

On the other hand, as to the building in this case on September 26, 2014, the report on the change of the name of the owner was completed by the defendant in the future of the plaintiff.

On February 23, 2015, the Plaintiff completed registration of initial ownership relating to the instant building.

E. On December 20, 2013, the Defendant loaned KRW 3,50,000 from the Ulsan Saemaul Depository as security, and made a registration for the establishment of a neighboring establishment with the maximum debt amount of KRW 455,00,00 to the Ulsan Saemaul Depository on the same day. On March 17, 2015, the Plaintiff repaid the Defendant’s debt amount of KRW 3,50,000 to the Ulsan Saemaul Depository.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8, 9, 12 (including paper numbers), Eul evidence No. 6, the purport of the whole pleadings

2. Determination as to the principal claim

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