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(영문) 부산지방법원 2019.09.24 2019가단6436
손해배상(기)
Text

1. The Defendant: (a) KRW 25,960,000 for the Plaintiff and KRW 15% per annum from May 3, 2019 to May 31, 2019; and (b) June 1, 2019 for the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. (i) The Defendant is an executor who implements a new construction project of Ulsan-gu Dtel (hereinafter “instant officetel”).

B. The Plaintiff concluded a sales contract to sell two units of the instant officetel E (45.034 square meters) and F (4.7855 square meters) on August 19, 2016, upon the Defendant’s promise to guarantee rental profit by the Defendant’s purchase of the instant officetel, that “The monthly rental profit of KRW 550,000 shall be guaranteed up to 24 months (two years) from the expiration date of the designation period for occupancy, the Defendant shall be responsible and arranged for the lease contract with the consent of the seller, and the Defendant shall pay the monthly rental profit guarantee amount until the conclusion date of the lease contract.”

On August 1, 2016, the Plaintiff transferred KRW 12,980,00 as down payment to Eho Lake and KRW 25,960,000 as down payment to Fho Lake, and KRW 12,980,00 as down payment to the account in the name of the non-party G Co., Ltd. that entered into a contract with the Defendant for the business of managing and keeping funds.

In the meantime, the scheduled date of occupancy of the instant officetel was agreed on February 2, 2018 (the scheduled date of occupancy may be changed according to the process, etc., and the scheduled date of occupancy is later designated and individually notified). However, the Defendant was notified of the postponement of the completion of the instant officetel around February 2017, and there was no notification to the effect that the instant officetel will be moved to around February 2018 and October 2018.

(v)the contract in this case may terminate the contract where it is impossible to move into within three months from the date of designation of occupancy due to the reasons attributable to the defendant.

(Article IV, Section 4) is written.

[Reasons for Recognition] Each entry of Gap 1 through 7, the purport of the whole pleadings

B. According to the above facts of recognition, even though three months have passed from February 2018, which was the scheduled date of occupancy of the instant officetel, it has been occupied until now.

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