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(영문) 서울중앙지방법원 2018.03.23 2017나32700
손해배상금
Text

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

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. 1) On July 18, 2011, the Plaintiff entered into the instant sales contract with C and D, the husband of Defendant B, as well as B and D, with the purchaser as B and one other, and the purchaser is an Ansan-si E-gu, Ansan-si, 285.1㎡ and three-story housing on its ground (hereinafter collectively referred to as “instant real estate”).

2) The sales contract to purchase KRW 650 million (hereinafter “instant sales contract”)

The part related to the instant case is as follows. 2. Article 1 of the Terms and Conditions of Contract (the down payment of KRW 66,000,000,000 for the payment of the purchase price, the intermediate payment of KRW 245,000,000,000 for the contract, and the intermediate payment of KRW 34,5,000,000 for the remainder of KRW 345,00,000 shall be paid on September 30, 201

Matters of special agreement

2. To cancel the creation of rights in a certified copy of the register, such as provisional seizure, seizure, compulsory decision to commence compulsory sale, and lease of a house, until the intermediate payment is made;

4. At the time of the instant sales contract, the seller paid KRW 40 million as part of the intermediate payment around August 25, 201, at the Plaintiff’s request that advance payment is necessary for the cancellation of the registration of down payment, provisional seizure, etc. on July 18, 2011, which is the date of the instant sales contract, the seller completed all legal relations, such as expenses, with respect to the pre-payment of the pre-payment of the tenants. (2) At the time of the instant sales contract, the seller paid KRW 40 million as part of the intermediate payment around August 25, 201. (3) At the time of the instant sales contract, the instant real estate was registered as the creditor F (the claimed amount.)’s provisional seizure registration of the branch office of the right holder of the National Health Insurance Corporation, the registration of the seizure of the pre-payment of the right holder, the registration of the creditor G’s compulsory commencement of auction, and the registration of the right holder of H’s housing lease registration.

4. On September 30, 201, the date of the payment of intermediate payment under the instant sales contract, Defendant B presented to the Plaintiff a cashier’s check issued by the Industrial Bank of Korea at the face value of KRW 110 million and the balance of KRW 140 million and expressed his intent to pay intermediate payment. However, the Plaintiff’s name is the Plaintiff.

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