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(영문) 인천지방법원 부천지원 2017.02.17 2016가합843
손해배상(기)등
Text

1. The Defendant shall pay to the Plaintiff KRW 232,00,000 and the interest rate of KRW 15% per annum from October 20, 2016 to the date of full payment.

Reasons

1. Basic facts

A. (1) On October 16, 2015, the Plaintiff entered into a sales contract with the Defendant and Kimpo-si with respect to approximately KRW 1,984 square meters (around 600 square meters; hereinafter “instant real estate”) out of approximately 4,734 square meters prior to Kimpo-si, and the main contents of the instant sales contract are as follows.

Real estate sales contract;

2. As to the sale of the instant real estate under Article 1 (Purpose) of the Terms and Conditions of the Contract, the Plaintiff and the Defendant are to pay the purchase price as follows by agreement.

Sales proceeds: 1.32 billion won: 1.32 million won paid and received at the time of the contract: 1.1888 billion won shall be paid within December 15, 2015.

(60 days from the date of the contract). Article 2 (Transfer, etc. of Ownership) The defendant shall receive the balance of the purchase price and deliver all the documents necessary for the registration of transfer of ownership to the plaintiff, and cooperate with the registration procedure, and the delivery date of the real estate shall be

Article 6 (Non-performance of Obligations and Compensation for Damages) Where the defendant or the plaintiff has failed to fulfill the terms of the sales contract in this case, the other party may notify the person who has failed to perform the contract in writing and rescind the contract.

In addition, the parties to the contract may claim the other party for the compensation for damage caused by the cancellation of the contract, and the contract deposit shall be considered as the basis for the compensation for damage.

Matters of special agreement

B. The Plaintiff shall pay the remainder in lump sum within 20 days after obtaining the permission to transfer the childcare center, and shall submit documents to transfer ownership at the same time as the remainder is received.

The sales contract of this case is a sale of land for the purpose of permission for relocation of childcare centers.

(2) On October 16, 2015 and the 17th of the same month, the Plaintiff paid each total of KRW 132 million to the Defendant, and KRW 200 million to the remainder on December 21, 2015 and December 22, 2015.

B. The defendant.

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