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(영문) 서울북부지방법원 2013.11.08 2013가단13693
손해배상(기)
Text

1. The Defendant’s interest rate of KRW 34.5 million and KRW 25 million among the Plaintiff shall be from May 9, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On October 11, 2012, the Plaintiff purchased from the Defendant “Seoul Dongdaemun-gu Seoul (hereinafter “instant building”) 802(s) for KRW 95,00,000,000,000 for KRW 25,500 on the day of the contract, and entered into the following contracts (hereinafter “instant sales contract”) with the Defendant to pay the remainder of KRW 70,000,000 on October 31, 2012.

At the time of the contract, the Plaintiff had heading 802 and demanded individual registration of the above heading room, and the Defendant promised individual registration of each heading room to the Plaintiff.

2. The buyer under Article 5 (Cancellation of Contract) of the terms and conditions of the contract shall reimburse the seller the sum of the contract deposit to the seller until the latter pays the intermediate payment (if there is no advance payment, the buyer may waive the contract deposit and rescind it;

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

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

[Matters of Special Agreement]

1. A confirmation statement and exclusive area shall be prepared after individual registration is completed;

3. The remainder date shall be the remainder after the tenant moves in after completion.

B. On November 27, 2012, the Defendant entered into a lease contract with D for KRW 10 million and KRW 500,000,000 per month regarding “internal number 1302” in the instant building on November 27, 2012. However, upon D’s request on December 10, 2012, the Defendant received the lease deposit amount of KRW 10,000,000 from among the instant building, when changing the leased object to KRW 802 from among the instant building on December 10, 2012.

C. The 8th floor of the instant building (198.24m2) is divided into six rooms, but the building permit is granted for the purpose of a public announcement room, which is a Class II neighborhood living facility.

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