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(영문) 대전지방법원서산지원 2016.04.21 2014가합1743
손해배상금 등
Text

1. As to KRW 182,871,00 and KRW 40,000 among them, the Defendant shall pay to the Plaintiff KRW 182,871,00,000 from June 16, 2014, and KRW 50,00,00.

Reasons

1. Facts of recognition;

A. On June 16, 2014, the Plaintiff entered into a real estate sales contract with the Defendant to purchase KRW 6,612 square meters of C forest land (hereinafter “instant land”) in price of KRW 900 million (hereinafter “instant contract”) and entered into a real estate sales contract with the Defendant, who owns the Defendant, with the following terms and conditions.

A real estate sales contract: A seller: The seller shall sell the above-owned real estate to the buyer, and the buyer shall take over the real estate in accordance with Article 1 (Establishment of a Contract) of the 6,612 square meters of C Forest land at the time of the actual time.

Article 2 (Sales Price, etc.) Sales Price and methods of payment thereof shall be determined as follows:

1) The purchase price shall be KRW 90 million. (2) The contract deposit shall be KRW 40 million and the buyer shall at the same time pay to the seller at the same time as this contract is executed.

3) Until July 2, 2014, an intermediate payment of KRW 50 million shall be paid to the seller by the buyer to the seller by July 2, 2014. (4) The buyer shall obtain the permission and succeed to the bank loan of KRW 810,00,000 to the remainder.

By October 16, 2014, any balance may be advanced.

Article 3 (Registration of Transfer of Ownership, etc.) Any seller shall provide the buyer or any person designated by him with all the documents pertaining to the delivery of the sales goods and the registration of transfer of ownership through the simultaneous performance with the payment of the purchase price from the buyer in full.

Article 9(1) In the event that a seller cancels this contract under the preceding Article due to the buyer’s failure to perform this contract, the seller shall acquire the security deposit and not return it.2) In the event that the buyer cancels this contract due to the seller’s failure to perform this contract, the seller shall return the security deposit received to the buyer and pay the same amount as the security deposit and the same amount as the penalty.

3. A seller or a buyer shall be liable to pay a penalty under the preceding paragraph if he suffers any loss due to the other party's non-performance of obligation.

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