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(영문) 대구지방법원 2018.08.23 2017가단132677
손해배상(기)
Text

1. The Defendants each of KRW 12,082,50 to the Plaintiff, respectively, and 5% per annum from December 23, 2017 to August 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the construction and operation of solar power plants, the sale of real estate, and the lease of real estate. The Defendants are co-owners who own 1/4 shares of the total of 16,608 square meters of land outside F.9 square meters (hereinafter “instant real estate”), “G land” on August 11, 2017, and “I land” on “H land” and “J land” respectively.

B. On July 19, 2017, in order to operate solar energy business in the instant real estate, K entered into a sales contract with the Defendant’s agent for the purchase price of L and the instant real estate at KRW 52 billion, and agreed to pay KRW 50 million as the down payment on the date of the contract, and to pay KRW 452 million as the remainder on October 13, 2017. The following special agreements were stipulated:

(hereinafter referred to as “instant sales contract”). The disposal of the destruction or loss of any ground property under a special contract shall be dealt with by the seller.

2. The terms and conditions of the attachment agreement shall be observed.

Details attached to the Special Agreement

1. The land will be purchased for solar projects, and the seller will be provided with necessary documents, such as his/her written consent to the use of the land, his/her written consent to the transfer necessary for the project, written consent of the mortgagee and written consent of

2. The cemetery, ground, etc. of this land shall be treated directly by the seller until any balance is paid.

3.The co-operation shall be made to the maximum extent possible where the combination of lots of land is required.

4. This Agreement shall be renewed on the succession of the terms and conditions to solar energy suppliers under this Agreement.

5.After this contract, the seller shall terminate the establishment of the collateral security prior to the payment of any balance.

C. On the date of the contract, the Plaintiff paid KRW 50 million as the down payment, and paid KRW 60 million on August 3, 2017, KRW 190 million on August 25, 2017, KRW 190 million on August 25, 2017, and KRW 22 billion on October 23, 2017, respectively.

On October 11, 2017, prior to the payment date of the remainder under the instant sales contract, the Plaintiff entered into a special agreement with the Defendants.

2. The content that the seller’s direct measure is taken against the graveyard and ground of the land until the balance is paid.

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