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(영문) 창원지방법원 2021.01.14 2018가합53668
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B andC jointly share KRW 260,478,704 as well as their related amounts from July 21, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. (1) On December 21, 2016, the Plaintiff entered into a contract with Defendant B on the purchase and sale of land with the purchaser “Defendant B and one other” (hereinafter “the instant provisional contract”) as to the E-2759 square meters (hereinafter “instant land”) prior to Jeju-si owned by the Plaintiff.

In the instant contract, the sales price of KRW 1,000,000 (a down payment of KRW 100,000,000 on the date of the contract, an intermediate payment of KRW 400,000,000 on the date of the intermediate payment of KRW 400,000,000 on January 20, 2017, and KRW 500,000,000 on March 31, 2017) is stated in the instant contract, and Defendant C remitted KRW 20,000 on December 23, 2016 to the Plaintiff under the name of Defendant B.

The provisional contract of this case contains the following special terms and conditions:

[Matters of special agreement] The submission of relevant documents of the written consent to the use of land related to the building permit.

The balance date shall be paid on a prompt basis, compared to the time when the remainder date and the construction permission are granted.

The deposit account of the seller: F Bank G A contract of the F Bank, which is a provisional contract, shall be prepared in consultation with the preparation of this contract.

(2) (2) On February 21, 2017, the Plaintiff, Defendant B, and C concluded a sales contract (hereinafter “instant sales contract”) with the seller as “non-party B and one other,” and the sales price of KRW 1,250,000 (a down payment of KRW 1,00,000 and an intermediate payment of KRW 1,000,000 and an intermediate payment of KRW 1,50,000,000 on the date of the contract, and the remaining payment of KRW 150,00,000 was made.

The terms and conditions of the instant sales contract and the special agreement are as follows.

The seller of Article 2 of the Real Estate Sale Contract (bail) shall pay the buyer the remainder of the serial documents required for the transfer of ownership (registration) and the remainder of the special agreement (bail) to which the buyer is not entitled to claim the return of the down payment, if the seller has breached the contract in violation of Article 3.

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