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(영문) 부산지방법원동부지원 2015.03.13 2014가단10443
손해배상(기)
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a person who constructed and sold the above apartment in Busan-gun, and the plaintiff A is the owner of the above apartment No. 105-dong 1401 (hereinafter referred to as the "first apartment in this case") and the plaintiff B is the owner of the above apartment No. 101-dong 402 (hereinafter referred to as the "second apartment in this case").

B. On March 31, 2010, Plaintiff A concluded a sales contract with the Defendant for the instant first apartment at KRW 361,703,000 for the total sale price, and agreed to apply the advance payment discount rate of KRW 15% to the payment of KRW 170,852,00 out of the remainder until June 29, 2010, and the remainder 180,851,000 from June 19, 2010 to June 18, 2012, on the following grounds: (a) Plaintiff A agreed to apply the advance payment discount rate of KRW 15% to the payment of the remainder by June 28, 2010.

C. On June 29, 2010, Plaintiff A paid the down payment of KRW 10,000,000 at the time of the contract, and paid a total of KRW 303,348,000, including the remainder of KRW 122,496,000, which applied the occupancy charges and the advance payment discount rate, and completed the registration of ownership transfer on the same day.

On October 13, 2010, Nonparty D concluded a sales contract with the Plaintiff for the second apartment of this case with the total purchase price of KRW 361,703,00,000 among the down payment of KRW 18,000,000, the remainder of KRW 13,000 among the down payment of KRW 18,00,000 was agreed to apply the advance payment rate of KRW 162,851,00 among the remainder of the contract to November 12, 201, KRW 162,851,00 among the remainder of the contract shall be paid by November 1, 201, until September 8, 201, and the remainder of KRW 180,852,00 among the remainder of the contract shall be paid by each special agreement to the effect that the advance payment rate of KRW 180,852,00 shall be applied.

E. After paying the down payment of KRW 18,00,000, Nonparty D succeeded to the status of the seller on June 3, 201, Nonparty D succeeded to the status of the seller. On November 30, 2011, Plaintiff B succeeded again to the status of the seller, and Plaintiff B paid a total of KRW 219,012,365 (the amount obtained by deducting KRW 100,000,000 from the deposit for the deposit) including any balance and late fees, etc. applying the discount rate on December 5, 2011, and completed the registration of ownership on the same day.

F. The plaintiffs filed a transfer income tax return with the acquisition value of the sale price before the discount, and the defendant shall be the competent Gun office.

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