(영문) 대전지방법원 2014.01.17 2013가단21779

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(영문) 대전지방법원 2014.01.17 2013가단21779

손해배상(기)

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1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and each year from December 21, 2012 to June 7, 2013.

Reasons

1. Facts of recognition;

A. On December 21, 2012, the Plaintiff entered into a real estate sales contract (hereinafter “instant contract”) with Defendant B’s clan to purchase real estate owned by the Defendant clan (hereinafter “Defendant clan”), including the following contents, and paid 40 million won on the day the down payment was paid to Defendant C, the representative of the Defendant clan:

① Indication of real estate: (2) The purchase price of KRW 340 million shall be paid and received to the seller at the same time as the contract is concluded. The remainder shall be paid and received on February 7, 2013 (Article 1). (3) The seller shall deliver all documents necessary for the registration of ownership transfer to the buyer simultaneously with the receipt of the balance of the purchase price, and shall transfer the full ownership to the buyer by removing the defect and burden of the right, if there is any reason for restricting the exercise of ownership, public charges, or other charges.

(4) Before the buyer pays the intermediate payment (if there is no intermediate payment agreement, the seller shall be reimbursed in an amount equal to that of the down payment, and the buyer may rescind the contract, respectively, by giving up the down payment, until the buyer pays the intermediate payment.

(5) Attachment shall be cancelled prior to the date of any balance.

The representative C of a seller shall be responsible for the minutes of a clan necessary for ownership transfer and the fact-finding certificates, etc. of the minutes of a clan and minutes, and shall be submitted along with documents necessary for the registration of transfer of ownership

(b) matters of special agreement;

The contract of this case was signed by the seller, "C of the representative of the defendant clan", and then the stamp of the C individual was affixed to the C, and at the time, the representative of the defendant clan was written in E, not the defendant C, and the defendant C was affixed with the seal of the party that he would be individually responsible.

C. The defendant clan shall be a certified judicial scrivener.

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