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(영문) 부산지방법원 2018.01.09 2017가단319336
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant is the owner of the Busan B building and No. 101-dong 302 (hereinafter “instant real estate”).

(Fact that there has been no dispute). 2. argument and judgment

A. The plaintiff's assertion and the defendant's purchase price of the real estate of this case shall be KRW 483 million, and the defendant shall enter into the sales contract, and even though the plaintiff paid KRW 5 million as part of the down payment to the defendant, the defendant unilaterally reversed the above sales contract. The defendant is obligated to pay the plaintiff the amount of money stated in the purport of the claim, adding the above KRW 10 million to the above KRW 5 million and the consolation money for mental damage suffered by the plaintiff, as compensation for damages caused by the improper destruction or cancellation of the above sales contract.

B. 1) In order to establish a contract, the agreement between the parties is required to be reached, and such agreement is not required with respect to all the matters constituting the content of the contract in question, but there is an agreement with the parties on the essential or important matters, and at least the standard and method that can be specified in the future. On the other hand, a sales contract is established by mutual agreement between the parties regarding the transfer of the property right by a contract between the parties to transfer the property right and the payment of the price by the other party (see, e.g., Supreme Court Decision 2005Da39594, Nov. 24, 2006). 2) As to the instant case, health class, won, and the Defendant consulted on the purchase price of the real estate in question and remitted the money to the Defendant by the Plaintiff five million won (hereinafter “the instant money”).

2. The Plaintiff expressed his intent not to conclude the sales contract of the instant real estate as agreed with the Plaintiff.

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