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(영문) 창원지방법원통영지원 2015.11.19 2014가합2415
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B shall be KRW 105,000,000, and Defendant C shall be jointly and severally with Defendant B, KRW 77,000,000 among the said money.

Reasons

Basic Facts

On April 23, 2014, the Plaintiff entered into a contract with Defendant B to purchase a multi-family house of 12 households to be newly built by Defendant B on the land of 402.6 square meters (hereinafter “instant real estate”) and on the land of 952 square meters (hereinafter “instant contract”). The seller’s name in the contract was Defendant C, the wife of Defendant B, in the name of Defendant C.

On April 30, 2014, the Plaintiff paid to Defendant B the down payment of KRW 25 million on the day of the contract, KRW 12 billion in total, and KRW 127 million in total.

On the other hand, the sales contract of this case is accompanied by the following special terms.

[Matters of Special Agreement]

1. Since the new construction of a multi-household and the delivery to the buyer should be made, the detailed design drawings should be attached.

2. The time of completion shall be October 31, 2014, and a little change may be made under bilateral agreements.

3. In the case of construction work, G (representative B) shall complete the responsible construction work.

4. The work shall be executed as design drawings, which may be modified under an agreement with the buyer, and the buyer shall pay the expenses;

5. Since the subdivision must be completed, a building permit is obtained after the completion of subdivision, and the change of the name of the owner is to be made in the name of the buyer.

6. The intermediate payments shall be paid by the second: (a) the second: (b) the second twenty billion Won in gold, the third: (c) the amount not exceeding four stories in gold, and the fourth: (d) the amount not exceeding three hundred million won in gold (at the time of completion of a loan after completion of a loan); (b) the interest shall be borne by the contractor when a loan occurs;

8. Any balance shall be paid a KRW 30 million which is prohibited from moving in after such balance.

9. Design drawings and specifications attached; 10. The current H-owned land shall be cancelled on a seller's responsibility to transfer its ownership.

Defendant D is an office member of the I Licensed Real Estate Agent Office, and Defendant E is a licensed real estate agent operating the J Licensed Real Estate Agent Office, and Defendant D guide the Plaintiff to the J Licensed Real Estate Agent Office and prepares the instant sales contract at all times.

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