(영문) 수원지방법원성남지원 2016.09.23 2015가단225720

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(영문) 수원지방법원성남지원 2016.09.23 2015가단225720

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff and the Defendant traded a building of 315.9 square meters and 12 stories above ground owned by the Defendant (hereinafter “instant real estate”) for KRW 4.1 billion, and entered into a sales contract with the Defendant to pay the down payment of KRW 50 million at the time of the contract, and pay the remainder KRW 4.5 billion on June 29, 2015 (hereinafter “instant contract”). The Plaintiff paid the Defendant the down payment of KRW 50 million on the day of the contract.

The relevant provisions and special terms of the contract of this case are as follows.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. Sales contract in the present condition and the local return was made;

2. Various taxes and public imposts shall be settled by the seller on the basis of the balance date, and documents necessary for the payment of balance and the registration of transfer of ownership are concurrent performance relations.

3. To effect comprehensive assignment and acquisition of this article.

4. A rental deposit out of the purchase price shall be deducted from any balance, and the current lease contract shall be succeeded to by the purchaser;

5. Matters not entered in this contract shall be governed by the ordinary real estate transaction practices.

6. If any cause attributable to the seller occurs before the remainder of this article, the seller shall be responsible for and resolve the cause, and if so, this contract shall be terminated on condition that the seller shall pay twice the amount paid by the buyer as penalty.

7. If any defect occurs before the remainder, the seller shall be liable and accepted for it.

8. 346 million won per month. 17855 million won per month.

유사 판례

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