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(영문) 부산지방법원동부지원 2019.10.16 2017가단211544
손해배상(기)
Text

1. The Defendant’s KRW 100,000,000 as well as 15% per annum from July 28, 2017 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C(D) E formation planning 1) as the representative of D, E (hereinafter “instant E”) within the G complex located in the Busan-gun, Busan-gun, and 19 parcels (hereinafter “instant E”).

(2) The business of creating and selling the project (hereinafter referred to as the “project of this case”)

(1) On February 25, 2014, from the Busan Urban Corporation, “H and I” block land (total 13,154 square meters, hereinafter “instant real estate”) within the said G complex from the Busan Urban Corporation.

A) A contract for the sale of the purchase price of KRW 14.5 billion (hereinafter “instant contract for the sale of the land”).

(2) On July 9, 2014, C concluded a new construction permit for the instant building by the head of the Busan Metropolitan City captain (hereinafter “the head of the Gun”) on the same day, and paid the down payment of KRW 1.45 million to Busan Urban Corporation.

B. The Plaintiff and C concluded a pre-sale agreement with each of the following: (a) the sales agreement between the Plaintiff and C with respect to each of the following: (b) the sales agreement between the Plaintiff and C on the sales agreement of the instant commercial buildings; (c) the first part of the intermediate payment of the sales agreement of the purchase price of the subject matter of the pre-sale in the instant building; (d) the second part of the intermediate payment (as of June 20, 2014) (as of September 20, 2014), together with the balance (as of September 20, 2014) (as of the transfer of ownership), Jable block E No. 25,000, 125,603,60,679,000, 00, 25,710, 603, 603, 603, 471, 630, 63083, 679, 0601).

) On the same day, the sum of the down payment was remitted to C. Article 5 of the E-sale Pre-Contract (Article 5 of the E-Sale Contract) The seller shall compensate for the amount double of the down payment before the buyer pays the intermediate payment (in the absence of the intermediate payment agreement), and the buyer may waive the down payment and cancel this contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

(b)in this case.

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