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(영문) 창원지방법원통영지원 2020.05.12 2019가단23182
손해배상(기)
Text

1. The defendant shall pay 5 million won to the plaintiff and 12% per annum from January 18, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On September 13, 2018, the Plaintiff prepared a sales contract with the Defendant with a content that he/she purchases 7,082/14, and 484 shares of KRW 850,000,000,000 among the 14,484 square meters of C Forest land in the city owned by the Defendant.

B. In the above sales contract, the buyer is responsible for the lodging business for the entire real estate site (including the land that was not sold) and the seller actively cooperates in the preparation of all documents to prevent interference with the progress of the business, and the period necessary for the authorization is six months. The down payment of KRW 100 million is paid at the time of the contract, and the remainder of KRW 750 million is paid within three months after the acquisition of the authorization. The seller shall reimburse the down payment and the buyer may withdraw the contract before the remainder is paid, and the buyer may withdraw the contract by giving up the down payment. In the event that the authorization is not possible, the seller shall pay the down payment and set up a collateral of KRW 100 million at the same time

C. After the completion of the above contract, the Plaintiff and the Defendant visited a certified judicial scrivener office located at the present time for the registration of the establishment of a neighboring mortgage, and the Defendant did not delegate the registration of establishment of a neighboring mortgage because it did not cause a seal imprint, and the Plaintiff left down the down payment to the certified judicial scrivener office on the condition that the Defendant would receive the down payment after the completion of the registration of establishment of a neighboring

However, the defendant did not provide the seal imprint and the documents necessary for the authorization and permission, and did not receive the down payment.

E. Around November 26, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “a written consent, certificate of personal seal impression, etc. required at the time of authorization and permission is changed to the high seas by December 3, 2018.” On December 10, 2018, the Plaintiff sent a content-certified mail stating that “the said performance of duties is urged to be made until December 13, 2018, and the contract shall be terminated without any separate notice if no measures are taken by the said deadline.”

F. The Plaintiff received the down payment from a certified judicial scrivener office around December 13, 2018.

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