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(영문) 대구지방법원경주지원 2020.11.27 2019가합2735
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 2, 2018, the Plaintiff was seeking a new site for the construction of a d farmhouse from Defendant B to run a d farm business, and on May 2, 2018, the Plaintiff owned the land of KRW 1,97 square meters for the d farm site, KRW 258 square meters for the E warehouse site, KRW 128 square meters for the F, and KRW 486 square meters for G 486 square meters (hereinafter collectively referred to as “instant land”).

(2) The sales contract to purchase the purchase price in KRW 150,6240,000, including the following contents (hereinafter “instant sales contract”).

(C) the 20th of the year.

2. In the sale of the above real estate in Article 2 of the Terms and Conditions of Contract (for example, the buyer is to pay the purchase price as follows:

Sales proceeds: 150,6240,000 won: 20,000 won shall be paid and received to the seller at the same time as the contract is made. The intermediate payment: 68,000 won shall be paid at the time when 50% of the new capital construction project proceeds.

Any balance: 6,8240,000 won shall be paid within 30 days after completion of the payment.

The delivery of immovable property under Article 3 will take place after the remainder payment.

(A) In the event of the seller’s breach of this contract, the seller shall reimburse the amount of the down payment with the penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the breach of contract.

Where a seller or a purchaser has suffered any loss due to the other party's non-performance of obligation, he/she may claim damages from the other party, separate from the penalty.

2) According to the instant sales contract, the Plaintiff paid to Defendant B a down payment of KRW 20 million on May 2, 2018, and KRW 68 million on October 18, 2018, respectively. (b) Defendant B filed a construction report with the head of Ho-si, Sejong-si, to newly construct a 1375.80 square meters of money on the ground of the instant land, and the said construction report was accepted on July 5, 2018.

2) The Plaintiff is under the name of J Co., Ltd. (hereinafter “J”) as of July 8, 2018.

Between departments, J set the construction cost of KRW 58,464,00,000 and the deadline for completion on September 30, 2018 and set the same as KRW 58,464,00,00 on the ground of the instant land.

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