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(영문) 광주지방법원 2019.10.24 2018가합60002
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 260,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from July 1, 2018 to April 2, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company running the business of purchasing land in the instant project site for housing development projects in Seo-gu, Seo-gu, Seo-gu, Gwangju (hereinafter “instant project site”). The Defendant was a person who owned the instant land or the instant building (hereinafter “instant land”) in Seo-gu, Seo-gu, Gwangju, E, and its ground buildings (hereinafter “land and its ground buildings”) in the instant project site, and owned the instant land or the instant building when separating the land and the buildings.

B. On March 9, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the instant real estate at KRW 1.7 billion (the contract amounting to KRW 170 million, KRW 170 million, KRW 1770 million, KRW 170 million, and KRW 170 million, KRW 360,000,000 for the first part payment on March 31, 2017, and KRW 300,000 for the second part payment on June 30, 2017, and attached the special agreement to the following. Paragraph (1) of the said special agreement attached thereto (hereinafter referred to as “instant first sale contract”); and the Defendant paid KRW 1,70,000,000 to the Defendant on March 9, 2017, KRW 170,000,000,000 for each of the intermediate payment on March 17, 2017.

Attached Form of Special Agreement

1. The seller is responsible for the remainder payment date and the seller is also responsible for the payment date of the remainder and intends to order the tenant and occupant;

(other than an old-age tenant). If the intention is not smooth, the seller shall pay the buyer the down payment and the intermediate payment to the buyer, and the date of surrender shall be the remainder payment date until May 31, 2017.

In addition, the seller should provide the buyer with the confirmation of the relocation of the tenant and occupant of the real estate on the remainder date.

C. On June 30, 2017, the Plaintiff failed to pay KRW 360 million to the Defendant for the second intermediate payment according to the instant sales contract. The Defendant urged the Plaintiff to pay the second intermediate payment, and the Plaintiff increased the purchase price of the instant real estate in KRW 1.9 billion to the Defendant, and the Plaintiff was existing.

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