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(영문) 청주지방법원 2016.07.20 2015가합23182
손해배상(기)
Text

1. The defendant shall pay each of the plaintiffs 166,66,666 won.

2. The defendant 83.2% of the above 166,66,666 won against each of the plaintiffs.

Reasons

1. Basic facts

A. On October 14, 2014, the Plaintiffs: (a) the land listed in the separate sheet from the Defendant as well as the land listed in the separate sheet as the landscape trees planted on each of the above land; and (b) the land listed in the separate sheet as indicated above, “instant land”; and (c) the landscape trees planted on the said land, “instant trees”; and (d) the instant land.”

B A contract was concluded to purchase KRW 2.58 billion (i.e., KRW 250 million in down payment, KRW 1 billion in intermediate payment, and KRW 1.234.8 billion in remainder) (hereinafter “instant sales contract”). On October 15, 2014, the down payment was paid to the Defendant.

B. On February 13, 2015, the Defendant: (a) completed the registration of creation of a mortgage over the amount of KRW 1.3 billion to the obligor and the maximum debt amount (hereinafter “registration of creation of a mortgage”); and (b) borrowed KRW 1 billion from the said Chungcheong Agricultural Cooperative.

C. On September 21, 2015, the Defendant sent a peremptory notice to the Plaintiffs stating that “the instant sales contract shall be rescinded on the grounds of the Plaintiff’s failure to pay intermediate payments,” and on September 23, 2015, the Plaintiffs sent to the Defendant a content-certified mail stating that “In the event that the Defendant does not present his/her opinion on the implementation of the instant sales contract, the instant sales contract shall be rescinded and seek compensation therefor.”

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (including the number of each class), Gap's evidence 7-2, and the purport of whole pleadings

2. The summary of the Plaintiffs’ assertion violates the Plaintiffs’ obligation to cooperate with the instant land (hereinafter “Duty to cooperate with building permission”), and ② In relation to the payment of the above intermediate payment of KRW 1 billion, the Plaintiffs violated their obligation to cooperate with the Plaintiffs to obtain a loan of KRW 800 million as security (hereinafter “Duty to cooperate with the offer of security”) and prove the content of September 23, 2015.

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