(영문) 서울동부지방법원 2018.03.23 2017가합108507

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(영문) 서울동부지방법원 2018.03.23 2017가합108507

손해배상 등

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 400,000,00 and Defendant B from September 5, 2017 to Defendant C.

Reasons

1. Basic facts

A. On February 14, 2017, the Plaintiff succeeded to the status of the purchaser of D Co., Ltd. and concluded a real estate sales contract (hereinafter “instant sales contract”) with the Defendants on the E, F, G, H land, and ground buildings (hereinafter “instant real estate”).

The main contents of the instant case are as follows:

Article 1. Sales proceeds and payment method: The seller of the sales proceeds and payment method: Three billion won (3,400,000,000 won) shall, when entering into a contract for the remaining payment date of the down payment of the down payment of the intermediate payment of the down payment of KRW 300,000,000,000 which was paid on March 14, 2017, and KRW 100,000,000,000,000,000 which was paid on March 14, 2017, shall transfer its full ownership to the buyer by removing the said real right, if there is any reason to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or if there is any unpaid tax and other charges, etc.

Provided, That this shall not apply to the rights and amount agreed to succeed to the provisions of the special agreement.

Article 7 Where a buyer cancels a contract for reasons of the seller's fault before paying the intermediate payment and the balance, he/she shall reimburse double the down payment to the seller, and where the buyer cancels the contract due to reasons of the buyer's fault, he/she shall waive the down payment.

Article 8 If the seller or the purchaser has failed to perform any of the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has failed to perform, and the contract may be rescinded.

In addition, the contractual parties are liable for damages separate from the cancellation of the contract.

Matters of special agreement

5. The defendant C and the defendant B shall be jointly and severally liable for the seller's share of the seller.

7. On November 16, 2016, this Agreement was concluded between the Defendants and D, and KRW KRW 300,000,000,000, which was deposited in the existing Dispute Resolution D by a contract succeeding to the real estate sales contract of the same subject matter that the Plaintiff entered into with D.

유사 판례

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