(영문) 서울중앙지방법원 2015.07.23 2014가합48762

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(영문) 서울중앙지방법원 2015.07.23 2014가합48762

손해배상등

Text

1. The Plaintiff:

(a) Defendant B’s KRW 36,106,00 and its related KRW 5% per annum from October 1, 2014 to July 23, 2015.

Reasons

1. The following facts of recognition may be admitted, either in dispute between the Parties or in full view of the respective entries and arguments set forth in Gap evidence 1, 13 to 15, Eul evidence 1, 4, Eul evidence 1 and 2 (including paper numbers).

The instant land is located within the implementation zone of the housing redevelopment project (hereinafter “the instant housing redevelopment project”) implemented by the F Housing Redevelopment and Improvement Project Association (hereinafter “Non-Party Partnership”) (hereinafter “Non-Party Partnership”). On April 11, 2014, the Plaintiff drafted a sales contract (hereinafter “the instant sales contract”) with the Plaintiff as the purchaser and the Defendant B as the seller, with respect to the instant land as the purchaser and the following content:

(2) The Defendant C concluded each of the instant sales contracts with the Plaintiff and Defendant B, and arranged the instant sales contract.

Article 1 of the content of the contract of 15 square meters and 53.6 square meters in Jung-gu Seoul Special Metropolitan City with indication of real estate shall pay the purchase price as follows:

The purchase price of KRW 345,945,900 down payment of KRW 33,00,000 shall be paid and received at the time of the contract. Loans 183,00,000 shall be succeeded by the buyer at present. The remainder KRW 129,945,90 shall be paid on May 9, 2014.

(Terms and Conditions of the contract omitted) Matters of the special agreement

1. Of down to KRW 33 million, three million was paid on April 2, 2014, and the remainder of KRW 30 million was paid on April 11, 2014.

3. The sale and purchase of the goods are 345,945,900 won, including the total of 40,000,000 won in the appraised value of the previous assets by each partner for the development and sale of the F area (paragraph (4) omitted).

5.The remainder shall be paid after the buyer succeeds to the remainder at the time of the balance and after deducting the relocation expenses at the time of the balance.

(Paragraph 6 of the Special Agreement omitted)

7. The buyer shall succeed to the rights and obligations of members, simultaneously with any balance.

(b).

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