(영문) 서울중앙지방법원 2017.05.12 2016가합541722

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(영문) 서울중앙지방법원 2017.05.12 2016가합541722

손해배상(기)

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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant building”) is a building for lease consisting of a multi-household house or office of 12 households, and Defendant B and C (hereinafter “Defendant B, etc.”) own 1/2 shares, respectively.

B. On January 5, 2016, the Plaintiff purchased the said building from Defendant B, etc. and paid KRW 50 million as down payment by the broker of Defendant D, etc., who operates a licensed real estate agent office. The details of the contract indicated in the sales contract are as follows.

Of the purchase price, KRW 50 million shall be paid at the same time as the contract is concluded, the balance of KRW 630 million shall be paid at the same time on February 5, 2016.

(1) Article 1). A seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser at the same time with the receipt of any balance of the purchase price and shall cooperate in the registration procedure, and the delivery date of the said building shall be February 5, 201

section 2. If the seller or the purchaser has failed to perform any of the terms and conditions of this contract, the other party may give written notice to the person who has failed to perform the contract and rescind the contract.

The parties to a contract may respectively claim damages due to the cancellation of contract to the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed on (Article 6). Lease deposit (16 million won) and loans (228 million won in maximum amount of claims) shall be succeeded, and the balance shall be settled at the time of the payment of the balance.

(Article 3). (C)

Based on February 5, 2016, the remainder of the lease deposit amount was KRW 11,100,000,000 for two households (No. 101 and 201) in the instant building, based on around February 5, 2016, and the aggregate of the rent for the contract was KRW 3,280,000.

In addition, the loan amount borrowed as security for the building of this case as of the balance date is KRW 186 million.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The claims are asserted as to the cause of the action.

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