(영문) 광주지방법원 2014.03.25 2013가단48291

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(영문) 광주지방법원 2014.03.25 2013가단48291

손해배상(기)

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On July 25, 2012, the Defendant purchased (hereinafter “instant sales contract”) buildings listed in the separate sheet (hereinafter “instant building”). The instant building is an exclusive ownership of each sectional owner, and the owner of each section of exclusive ownership at the time of sale and purchase, with the following contents written out a sales contract.

1. The sale price of the above real estate is 6.5 billion won (including construction cost).

2. 650 million won out of the above payments shall be paid on the date of a contract, and the intermediate payments and remainder shall be paid on September 28, 2012;

(A) The seller shall cancel the right to collateral security and transfer the ownership thereof at the time of the receipt of the intermediate payment and the balance; 3. Upon termination of the above contract, the seller shall collect twice the down payment and the buyer shall receive the down payment.

4. Upon receipt of the above purchase price, a seller shall pay 950 million won to a buyer and a contractor as part of the trade partner.

Accordingly, the constructor shall submit a written estimate and receipt for construction to the seller at the time.

5. The buyer paid the seller's property tax to be paid to the military viewing by July 31, 2012;

(c).

The Defendant paid KRW 650,000,000,000,000 to Appointors C as down payment on July 25, 2012, and KRW 32,40,00,000,000,000,00,000 on July 26, 2012, and KRW 32,40,00,00,00 for property tax payment on July 31, 2012.

C. On September 28, 2012, the remaining payment date of the remainder and the pre-payment of the registration of collateral security and the transfer of ownership, the Defendant and the Appointed C did not perform their obligations on the grounds of the difference in the position on the interpretation of the terms and conditions of the said sales contract.

On October 2, 2012, the Appointor C sent a notice to the Defendant that the instant sales contract will be deemed terminated unless the remainder is paid by October 8, 2012, and the said notice reached the Defendant around that time.

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