(영문) 의정부지방법원 고양지원 2018.08.24 2017가단93495

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(영문) 의정부지방법원 고양지원 2018.08.24 2017가단93495

손해배상(기)

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1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Fact-finding;

A. Defendant C concluded a sales contract with the content that the instant building was sold to Plaintiff B (hereinafter “the instant building”) on May 24, 2017, with the content that the instant building and the instant building were sold to Plaintiff C, and that the instant building and the instant building were sold to Plaintiff B (hereinafter “the instant building”).

① The sales price of the instant building and building is KRW 748,00,000; KRW 74 million out of the down payment; KRW 260,000,000,000, which was paid at the time of a contract and received a loan from the said real estate as security by the seller until the outstanding payment is made; and the seller succeeds to a lease agreement on the instant building (including the total amount of KRW 250,000,000,000).

The intermediate payment of KRW 186 million shall be paid up to June 12, 2017, and the remainder of KRW 238 million shall be paid at the same time as the transfer registration of ownership on July 11, 2017.

② The sales price before the instant case shall be KRW 92 million; the down payment of KRW 10 million, out of which shall be paid at the time of a contract; the intermediate payment of KRW 20 million shall be paid until June 12, 2017; and the remainder of KRW 62 million shall be paid at the same time as the transfer registration of ownership on July 11, 2017.

(3) Where any default on this contract has occurred, the other party may notify in writing that the contract shall be performed and rescind the contract.

Unless otherwise agreed, the contract deposit shall be considered as the basis for compensation for damage.

(4) The present facilities are sales contracts under the present condition, and are included in the items to be traded in the present condition, such as accessories and accessories attached to the building in this case.

A temporary building (a about 10 square meters) installed prior to the instant case shall be removed before the qualification certificate for acquisition of farmland is issued, and it shall be on the ground.

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