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(영문) 수원지방법원성남지원 2020.10.20 2019가합404597
손해배상(기)
Text

1. The Plaintiff’s obligation to pay any balance arising from each real estate sales contract, as indicated in the separate sheet, on July 11, 2018, to the Defendant.

Reasons

1. Basic facts

A. On July 11, 2018, the Plaintiff entered into a sales contract with the Defendant to pay the sales price of KRW 775 million each (total KRW 1.5 million) with respect to one unit of the C-ground building (multi-household 14 households) and one unit of the D-ground building (multi-household 14 households), respectively, (hereinafter collectively referred to as “instant building”). Each down payment of KRW 56 million (total of KRW 1.12 billion), upon registering the trust of the instant building, at the time of registering the trust of the instant building, the remainder of KRW 215 million (total of KRW 430 million), respectively, within one month after the registration of the trust.

(hereinafter “instant sales contract”). B.

On July 24, 2018, the Plaintiff paid each down payment of KRW 56 million to the Defendant and KRW 1.12 million in total.

C. On July 24, 2018, the Plaintiff completed the registration of ownership transfer based on the sale as of July 11, 2018 with respect to the instant building, and completed the registration of ownership transfer based on the trust as of July 20, 2018 to E on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. At the time of the conclusion of the instant sales contract, the Plaintiff’s summary of the Plaintiff’s assertion: (a) exempted the Defendant from liability of KRW 225,00,000,000 for each of the Defendant’s obligations to F and G (i.e., KRW 112,50,000; (b) agreed to substitute for the payment of the remainder of the instant sales contract.

Accordingly, on July 20, 2018, the Plaintiff entered into a real estate collateral trust contract with E Co., Ltd. for the instant building, and designated F and G as the first beneficiary.

In addition, on January 2, 2019, the defendant transferred KRW 53,160,000 among the remainder claims of the sales contract of this case against the plaintiff to H, and the same month.

4. The defendant was notified of this.

Ultimately, the Plaintiff’s remainder obligations arising from the instant sales contract against the Defendant are exempted from liability at KRW 430,000,000, which is the initial remainder.

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