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Reasons
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(영문) 서울고등법원 2019.11.21 2019나2000867
손해배상(기)
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1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from the Plaintiff (Counterclaim Defendant) 1,121,828.

Reasons

1. Basic facts

A. On January 2, 2014, the Plaintiff sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and entered into the following sales contract (hereinafter “first contract”) (hereinafter “the instant real estate”).

Article 1 (Purpose) of the Real Estate Sales Contract (Purpose) The seller and the buyer, by agreement, shall pay the purchase price as follows with respect to the sale of real estate in this case.

- Total purchase price of KRW 2,100,000 and down payment of KRW 200,000,000 and KRW 1,220,00,000 (hereinafter referred to as the “instant obligation”) shall succeed to the buyer’s obligation for loans of KRW 1,220,000 (hereinafter referred to as the “instant obligation”).

(A) The buyer shall be borne by the buyer from February 2). The intermediate payment of KRW 580,00,000 shall be paid in January 29, 2014.

· Any balance of KRW 100,000,000 shall be paid on December 30, 2015.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the procedures for registration, and the delivery date of the instant real estate shall be December 30, 2015.

Matters of special agreement

1. The seller and the buyer agree to pay any balance on December 30, 2015 and to register the ownership transfer of the instant real estate (C Child Care Center).

(2) The seller and the buyer agree to operate the real estate of this case (C Child Care Center) from January 6, 2014.

3. The buyer shall be responsible for the change of representative of a child-care center, the seller shall actively cooperate with the change of representative, and the buyer shall bear the standards for authorization and the expenses incurred in the change of representative;

4.In the event that this contract has been terminated, the seller and the buyer will pay 500,000,000 won to the other party who has provided the default as penalty.

5. The period during which the transfer of ownership (representative change) is completed from January 6, 2014.

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