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(영문) 제주지방법원 2017.03.23 2015가합11386
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 5, 2014, the Plaintiff drafted a contract with the Defendant to purchase KRW 966,280,000 for the purchase price of KRW 4697 square meters (hereinafter “instant land”) prior to Seopo-si, Seopo-si (hereinafter “instant sales contract”).

The main contents of the contract shall be as follows:

Article 1 (Purpose) In regard to the sale of the instant land, the seller and the buyer, by agreement, shall pay the purchase price as follows:

The down payment amounting to KRW 966,280,000 shall be paid and received at the time of the contract. The receiver (a member corporation of Seoul Annive bus Co., Ltd.) shall pay the balance amount of KRW 756,280,000 on April 30, 2015.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the land in this case shall be April 30, 2015.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

The account number of deposits in the form of superficies subject to the special agreement: 301-0138-7963-71 The AFFF Bank.

1. The down payment shall be paid by dividing the contract deposit into KRW 10,000,000 on December 5, 2014, KRW 100,000 on December 26, 2014, KRW 100,000 on December 26, 2014, and KRW 100,000 on January 26, 2015.

2. A contract shall be reversed at the time of payment not made by April 30, 2015, and the buyer shall also waive the right to the down payment.

3. A seller and a buyer shall maintain a contract from the time of deposit of KRW 10,000,000 to April 30, 2015;

4.The seller shall pay twice the penalty to the buyer when the contract is not performed;

B. The instant case.

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