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(영문) 부산지방법원 2015.05.21 2014가합46702
손해배상(기)
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 70,000,00,000, and each of them, respectively.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is the company that sells and leases real estate as the owner of the land and the building on the land (hereinafter referred to as the “instant real estate”). The Defendants are the buyers of the instant real estate, and Defendant C is the mother of Defendant B.

B. On April 18, 2013, Defendant C entered into a sales contract with the Plaintiff and E Licensed Real Estate Agent Office with the purchase price of KRW 2,600,000,000, the intermediate payment of KRW 120,000,000, the intermediate payment of KRW 120,000,000, KRW 2,340,000,000, KRW 2,340,00,000, KRW 2,340,00,00, and KRW 2,340,00,00 on behalf of the Defendant B, as to the size of building A’s factory among the instant real estate, and the size of land size of KRW 1347.928,00, KRW 13465,5465 (/ 539,000, KRW 530,700, KRW 200, KRW 3000, KRW 2308,539,78000.

(3) The main contents of the instant sales contract are as follows. Before the buyer pays the intermediate payment to the seller (if there is no intermediate payment), the seller shall pay the intermediate payment to the seller, and the buyer may waive the down payment and rescind the instant contract. Article 6 (In the event of the nonperformance of the obligation and the buyer’s or buyer’s nonperformance of the terms of this contract, the other party may give written peremptory notice to the defaulted person and rescind the contract.

In addition, the parties to the contract may claim the other party for damages arising from the cancellation of contract, and the contract deposit shall be considered as the basis for compensation for damages, unless otherwise agreed.

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