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(영문) 서울남부지방법원 2015.11.27 2014나1251
손해배상(기) 등
Text

1.The judgment of the first instance shall be modified as follows:

Among the lawsuits in this case, it is due to the lawsuits listed in attached Table 1.

Reasons

1. Facts of recognition;

A. On July 27, 2009, the Plaintiff purchased an apartment sale right of KRW 50,000,00 from among apartment buildings constructed by the Korea Land and Housing Corporation in G Residential Environment Improvement Project District, which can purchase a lot of 84 square meters or 115 square meters among apartment buildings constructed by the Korea Land and Housing Corporation in G Residential Environment Improvement Project District, with the Defendant’s Dong Dong Dong E, as compensation for the E’s share of KRW 2,241 square meters in light of the foregoing, and the down payment of KRW 25,00,000 on the date of the contract, the remainder of KRW 25,00,000 on the date of the contract, and the remainder of KRW 25,00,00 on August 4, 2

(2) The Defendant: (a) concluded a contract with respect to the instant sales contract; (b) as a special agreement for the instant sales contract, the Defendant agreed to provide the Plaintiff with all documents necessary for the change of the name of the right to sell or the registration of transfer of ownership pursuant to the instant sales contract; and (c) return the sales price received from the Plaintiff and the sales price of the sales right formed at the time of the default; and (d) compensate the Plaintiff for the total amount of KRW 37,500,000,000, separate damages of KRW 30,500,000,000, separate from the down payment received by E as a penalty.

3) On July 30, 2009, the Plaintiff paid E a total of KRW 50,000,000 on the date of entering into the contract with the purchase price, and KRW 50,000,000 on August 1, 2009, and KRW 50,000,000 on August 1, 200. The Plaintiff notified the Plaintiff on August 4, 2009 that the instant sales contract would be cancelled on the ground that it is a contract on an area where the resale right is restricted. On August 13, 2009, the Plaintiff deposited KRW 50,000,000, which was paid from the Plaintiff as the deposit. (b) The Plaintiff asserted that the instant sales contract was valid on September 30, 2009, and filed a claim for the transfer registration of ownership under the instant sales contract with the Korea Land and Housing Corporation as the right to preserve, thereby making the claim for the transfer registration of ownership in accordance with the instant sales contract available.

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