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(영문) 서울서부지방법원 2015.11.12 2014나6842
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 27, 2004, the Plaintiff sold 17 households (101, 102, 103, 201, 202, 203, 204, 301, 302, 303, 401, 402, 403, 403, 404, 501, 502, 502, and 503) among 19 households of Yongsan-gu, Seoul, Yongsan-gu, Seoul, Seoul, which are owned by the Plaintiff, to KRW 7.2 billion in total the purchase price. The down payment is offset against the construction price claim of KRW 85,500,000 against the Plaintiff, and the remainder of the provisional disposition of KRW 3,500,000,000,000,000,000,000,000 won in lieu of the payment of the purchase price to the Plaintiff.

B. According to the above sales contract on November 2, 2004, the Plaintiff completed the registration of the right to claim transfer of ownership against the said 17 households on the ground of the pre-sale agreement in D, and around that time, C and D were fully implementing the payment agreement set forth in the above sales contract.

C. C delegated D’s power to dispose of the above apartment units 17 households, and on May 2, 2006, on the part of the Defendant, 10 households (Nos. 101, 102, 103, 201, 202, 203, 301, 303, 401, and 403) out of the purchase price were sold to the Defendant in total at KRW 5.2 billion. On the same day, C received the down payment of KRW 390 million from the Defendant, the intermediate payment of KRW 310 million, and the remainder of KRW 4.5 billion thereafter, and agreed to separately receive KRW 300 million other incidental expenses than the above purchase price (hereinafter “instant resale agreement”).

On May 17, 2006, pursuant to the above resale contract, the defendant completed the registration of ownership transfer under the name of the defendant with respect to five households, including 202 units of the above apartment among 10 households (hereinafter "the apartment of this case").

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