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(영문) 제주지방법원 2015.02.12 2013가합2258
손해배상(기)
Text

1. The Defendant’s KRW 90,000,000 as well as the Plaintiff’s annual rate from November 6, 2013 to February 12, 2015.

Reasons

1. Basic facts

A. On November 13, 2012, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 280,000,000,000 for the operation of the building B (204,000,000,000,000 owned by the Defendant. The Plaintiff agreed that KRW 35,000,000 was paid at the time of the contract, and the intermediate payment of KRW 25,00,000,000,000,000 was to succeed to the loan secured by the said real estate in lieu of the payment of the intermediate payment of KRW 2.5

On July 1, 2013, the Defendant completed the registration of transfer of ownership on the ground of sale on June 26, 2013 (transaction price of KRW 400 million) in the name of C.

B. On November 13, 2012, the Plaintiff entered into a sales contract with the Defendant for the sale of the said KRW 304,000,000,000, which purchased the said KRW 2880,000,000 from the Defendant’s possession. The Plaintiff agreed to pay the down payment of KRW 35,000,000 at the time of the contract, to succeed to the loan secured by the said real estate in lieu of the payment of the intermediate payment of KRW 25,00,000,000,000,000,000.

On July 24, 2013, the Defendant completed the registration of ownership transfer on the ground of the sale on July 16, 2013 (the transaction price of KRW 400 million).

C. On November 22, 2012, the Plaintiff concluded a sales contract to sell the above B-B building No. 304 (hereinafter referred to as “each of the instant real property”) owned by the Defendant to purchase the sale price of KRW 200 million (hereinafter “each of the instant sales contract”) between E and E on behalf of the Defendant on November 22, 2012, the Plaintiff decided to pay the down payment of KRW 20 million at the time of the contract, to succeed to the loan secured by the said real property in lieu of the payment of the intermediate payment of KRW 130 million at the time of the contract, and to pay the remainder of KRW 50 million on January 20, 2013.

On June 27, 2013, the defendant completed the registration of ownership transfer based on the sale price on the same day (transaction price of 200 million won) in the F future.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, and evidence No. 14.

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