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(영문) 서울중앙지방법원 2020.10.14 2019가합581882
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

A. (1) On December 4, 2015, the Plaintiffs purchased from the Defendant the instant parking lot of KRW 14.75 billion for the instant wedding lot and the instant parking lot of KRW 1,102.5 square meters and its ground parking lot (hereinafter referred to as “the instant wedding lot”). The Plaintiffs purchased the instant wedding lot and the instant parking lot of KRW 14.75 billion from the Defendant on December 4, 2015.

(hereinafter “instant sales contract.” The Plaintiffs agreed to pay the remainder KRW 2.15 billion at the time of the contract, as of December 15, 2015, respectively, at the time of the contract.

(2) At the time of the instant sales contract, H leased the instant parking lot from the Defendant in KRW 200 million, and the Defendant filed a lawsuit against H to transfer the parking lot (No. 2015Gahap52630) due to the expiration of the lease term, and the lawsuit was pending.

Accordingly, the Defendant agreed to deliver the parking lot to the Plaintiffs by terminating the instant sales contract with H within three months after the remainder payment of the sales contract.

B. On December 4, 2015, the Plaintiffs issued to the Defendant the instant sales contract amounting to KRW 1.2 billion, out of KRW 2.15 billion, as a check, and transferred KRW 300 million to the account, and paid the full down payment in the manner of issuing and delivering two promissory notes with the payee’s father’s father.

One of the above Promissory Notes is the Promissory Notes, the face value of which is KRW 300 million, and the due date of which is March 15, 2016 (hereinafter “instant Promissory Notes”). The other is the Promissory Notes, the face value of which is KRW 350,000,000 and the due date of which is December 23, 2015.

(2) On the same day, the Plaintiffs prepared to I a notarial deed stating the purport of recognizing compulsory execution with respect to the Promissory Notes in this case.

(3) The Plaintiffs.

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