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(영문) 대구지방법원서부지원 2019.02.21 2017가단58936
손해배상(기)
Text

1. The Defendant’s KRW 50 million with respect to the Plaintiff and the Plaintiff’s annual rate from November 10, 2017 to February 21, 2019, and the following.

Reasons

1. Facts of recognition;

A. On May 13, 2017, the Plaintiff, along with C, entered into a sales contract with the Defendant to purchase and purchase the land outside Jincheon-gun E and six parcels (see attached drawings, e.g., omitted and lot number) (hereinafter referred to as “instant sales contract”) as follows, and paid the down payment amount of KRW 100 million (50 million for each Plaintiff and C) to the Defendant.

The Plaintiff, on May 22, 2017, purchases the purchase price of KRW 1.1 billion and the intermediate payment of KRW 100 million, and the balance of KRW 900 million, on June 30, 2017, the land indicated as F, G, and C in the attached Form E, H, and I, respectively.

Where a buyer has not paid an intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment to the seller, and the buyer may waive the down payment and rescind the contract (Article 5), and where the seller or the buyer has failed to perform the obligations under this contract, the other party may rescind the contract by peremptory notice in writing against the person who has failed to perform the obligations.

In addition, the parties to the contract may claim the other party for damages arising from the cancellation of the contract, and the contract deposit shall be considered as the basis for compensation for damages unless otherwise agreed on (Article 6).

On May 24, 2017, the Plaintiff and the Defendant changed the terms of the instant sales contract to pay the sales price in KRW 1.07 billion, and the intermediate payment in KRW 100 million on June 30, 2017, and the remainder in KRW 870 million on August 30, 2017.

C. On August 18, 2017, after the date of the intermediate payment and the remainder payment, the Plaintiff notified the Defendant of the purport that “the length of the road and the land adjoining branch is different from the time of the contract, and there is no urban gas installation plan.”

The defendant dated September 6, 2017, stating that "the sales contract of this case is terminated on the grounds of the plaintiff's intermediate payment and the remainder payment."

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