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(영문) 인천지방법원 2017.08.25 2017가합54448
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 286,630,879.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On January 18, 2016, the Defendant purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff in KRW 1,020,00,000, and paid the down payment of KRW 100,000 on the date of the contract, and the remainder of KRW 920,000,000 on March 30, 2016.

(hereinafter “instant sales contract”). The Defendant paid 100,000,000 won to the Plaintiff on the day of the instant sales contract.

B. At the time of the conclusion of the instant sales contract, there were houses and warehouses (a site of a total of 1,033.49 square meters), landscaping trees, landscaping stone, boundary stone, and delivery block on the instant real estate.

C. After the conclusion of the instant sales contract, the Defendant removed landscaping trees, landscaping stone, boundary stone, and delivery block on the instant real estate, and extracted ordinary earth and sand equivalent to 12,724 cubic meters, which led to which the Defendant could not use the housing and warehouse on the instant real estate for its original purpose.

Around June 15, 2016, when the payment date of the remainder is due, a law firm clerk sent to the Defendant on behalf of the Plaintiff, and ① the Plaintiff already notified the payment of the balance on April 11, 2016 and May 20, 2016, but the Defendant failed to pay the balance by June 22, 2016. Finally, the Supreme Court notified the Defendant to pay the balance by June 22, 2016. ② all documents necessary for the ownership transfer of the real estate in this case are under custody in the law firm office, and ③ the Plaintiff unilaterally declared that the sales contract in this case was unilaterally terminated by the Defendant without paying the balance by that date, and expressed the intent to unilaterally terminate the sales contract in this case by mail.

The above content-certified mail was accompanied by a registration certificate, a certificate of personal seal for sale, a resident registration abstract, etc. concerning the real estate of this case.

The above content-certified mail was sent to the defendant around that time.

E. The Defendant did not pay the remainder to the Plaintiff by June 22, 2016.

[Reasons for Recognition]

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