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(영문) 대전지방법원 2019.12.18 2018가단209109
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shared with the Plaintiff (Counterclaim Defendant) at KRW 50,000,000, and on October 11, 2019.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on August 28, 2014 with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on each of the 1/4 shares in E, F, G, and H.

B. As to the instant real estate, each sales contract was prepared as indicated below with respect to the instant real estate.

(1) The sales contract under the title No. 1 is “a prior sales contract,” and the contract under the title No. 2 is “the instant sales contract,” and the sales price stated in the instant contract under the title No. 2 is KRW 1.5 billion, but the actual sales price is KRW 1.58 billion). [Attachment No. 1: the details of each sales contract] is prepared on March 9, 2016 on the date when the seller’s sales price is determined by the sequence No. 1 (the details of each sales contract) and three other parties E on September 2, 2016, and KRW 1.23 billion on September 2, 2016 (the instant sales contract).

The main contents of the instant sales contract are as follows.

The purchase price: 1.50 million won [The payment on the day of the contract), the intermediate payment of KRW 100 million (payment on the day of the contract), the intermediate payment of KRW 100 million (payment on September 22, 2016), the balance of KRW 1250 million (payment on September 22, 2016), and the intermediate payment of KRW 1.25 billion (payment on January 6, 2017)] before the buyer pays the intermediate payment to the seller, the seller shall reimburse the double payment of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, 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 termination of the contract, and the contract deposit shall be considered as the basis for compensation for damages, unless otherwise agreed.

The Defendants paid only KRW 100 million out of the down payment of KRW 150 million on the date of the instant sales contract.

E. The Plaintiffs completed the registration of ownership transfer on September 1, 2016 pursuant to the preceding sales contract.

F. Meanwhile, on the other hand.

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