(영문) 대구지방법원 2018.11.29 2018가합200383

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(영문) 대구지방법원 2018.11.29 2018가합200383

손해배상(기)

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1. Defendant C is 15% per annum from January 30, 2018 to the date of full payment with each of the Plaintiffs’ KRW 315,000,000 and its interest thereon.

Reasons

1. Basic facts

A. On August 3, 2017, the Plaintiffs concluded a sales contract (hereinafter “instant sales contract”) with Defendant D who represented Defendant C on behalf of Defendant D to purchase 1,537 square meters and G field 2,89 square meters (hereinafter “instant land”) from Defendant C through the preparation of a sales contract (hereinafter “instant sales contract”) containing the following contents.

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

Sales proceeds: 1.8 billion won: 300 million won shall be paid and received at the time of the contract. The balance of Defendant D (Signature and Seal): 1.5 billion won shall be paid on November 30, 2017.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be November 30, 2017.

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

§ 7.(Mediation Remuneration) No practicing licensed real estate agent shall be liable for the default of this contract by the seller or the buyer.

In addition, brokerage fees shall be paid by both parties to the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or cancelled without the intention or negligence of the practicing licensed real estate agent.

[Matters of Special Agreement]

1. The buyer shall confirm the scene and the present state, and shall be appointed on a contract;

The value-added tax on a building shall be separate 2.0

유사 판례

-대구지방법원 2017.11.16 2017나5097

-부산지방법원 2016.06.30 2015나47362

-부산지방법원 2018.09.06 2017가단4658

-서울북부지방법원 2017.09.05 2016가단144284

-창원지방법원 2019.11.07 2018나4950