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(영문) 광주지방법원순천지원 2017.06.29 2016가합10354
손해배상(기)
Text

1. Defendant D’s KRW 200,000,000 as well as 5% per annum from January 17, 2007 to March 31, 2016 to the Plaintiff.

Reasons

1. Grounds for recognition: Facts without dispute, Gap evidence 1, 2, 8, 9, 10, Eul evidence 1 and 2 (including provisional number; hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. On March 7, 2006, the Plaintiff entered into a contract with the representative L of Defendant B (hereinafter “Defendant clan”) to purchase each real estate listed in the attached list owned by the Defendant clan (hereinafter “instant real estate”) in the amount of KRW 2.650,90,000 (hereinafter “instant sales contract”), and Article 1 [payment date] and the buyer’s payment date are as follows.

The purchase price: KRW 2,650,900,000 as down payment 220,000,000 shall be paid at the time of a contract and the balance 2,430,90,000 shall be paid at the time of August 21, 2006.

Article 6 [Cancellation of Contract] Before the buyer pays the intermediate payment (if there is no intermediate payment agreement, the seller shall pay the down payment in an equal amount, and the buyer may also waive the down payment and rescind this contract.

Article 7 [Non-performance of Obligations and Compensation for Damages] (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.

Except as otherwise agreed, the criteria of Article 6 shall apply.

Matters of special agreement

1. A seller shall deliver a document of transfer of ownership to a person designated by the purchaser;

6.The flexible cemetery shall be the key to the seller's responsibility until the payment of the remaining amount is made.

The main contents are as follows:

B. On March 7, 2006, the Plaintiff paid the down payment of KRW 220 million to the Defendant clan.

C. Since then, the Plaintiff purchased the neighboring land of the instant real estate and planned to sell apartment units (hereinafter “non-party company”) and the instant real estate.

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