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(영문) 대전지방법원 2015.05.27 2014가합7036
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 11, 2014, the Defendant (Appointed Party) and the Appointor (hereinafter collectively referred to as “Defendant, etc.”) entered into a sales contract with the Plaintiff Company with respect to B,585 square meters (hereinafter referred to as “instant land”) of Sejong Special Self-Governing City as follows (hereinafter referred to as “instant sales contract”).

[Indication of Real Estate] The seller (Defendant, etc.; hereinafter the same shall apply) and the buyer (Plaintiff, hereinafter the same shall apply) shall pay KRW 310,00,000 as follows in the sale price in the sale of the above real estate under Article 1 of Sejong Special Self-Governing City B [the content of the contract].

-the down payment of KRW 31,000,000 shall be paid and received at the time of the contract.

- The intermediate payment of KRW 80,000,000 shall be paid on July 28, 2014; - The remainder of KRW 199,00,000 shall be paid on September 17, 2014.

Article 2: A seller shall deliver all documents necessary for the registration of ownership transfer at the same time as he/she receives the balance of the purchase price, and shall cooperate in the registration procedure, and deliver the said real estate to September 17, 2014.

Where any rights, taxes, public charges, or other charges are unpaid, the seller shall remove the defects, burdens, etc. of such rights and transfer his full ownership by not later than the date of receiving funds.

except as otherwise provided in the agreement.

Article 9: The broker shall prepare a confirmation description of the object of brokerage and deliver it to both parties to the transaction on July 11, 2014, accompanied by a copy of the business guarantee certificate (certificate, etc.).

[Matters of Special Agreement]

1. Where the grounds for restrictions on rights arise before the completion of the registration of transfer of ownership after the conclusion of a contract and such restrictions are impossible until the date on which the buyer pays the balance, the buyer may cancel the contract and in such cases the seller shall immediately refund the amount already paid to the buyer and compensate for 10% of the sales amount separately;

2. Matters not stated in this Agreement shall be entered into a contract under the Civil Act.

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