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(영문) 수원지방법원평택지원 2015.07.09 2015가단2633
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 16,171,866 and the interest rate of KRW 20% per annum from February 13, 2015 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 4 and Eul evidence Nos. 3, as to the cause of the claim, the plaintiff entered into a sales contract with the defendant on June 9, 201 with the purchase price of KRW 33,510 square meters for the share of KRW 30,00,000 (hereinafter "the instant land") and paid the full purchase price on the same day to the defendant on the same day. The plaintiff entered into the ownership transfer registration in the name of the plaintiff on July 1, 2011 for the said share. At the time of the instant sales contract, the debtor entered into a registration of establishment of a mortgage over maximum debt amount of KRW 214,50,00 with the defendant, but on May 23, 2014, the ownership of the said share of KRW 314,50,00 was recognized as the ownership of the instant land in the auction procedure of KRW 381,205.

If a purchaser is unable to acquire the ownership or loses the ownership acquired due to the exercise of a mortgage or chonsegwon established on a real estate which was the object of sale, the buyer may rescind the contract, and if he is thereby injured, the buyer may claim compensation therefor against the seller (Article 576 of the Civil Act). According to the above facts, the Plaintiff purchased the ownership from the Defendant, and acquired the ownership of 33/510 shares of the land in this case, but lost the ownership equivalent to the share due to the exercise of a mortgage established on the land in this case at the time of purchase. As such, the Defendant lost the ownership equivalent to the share due to the execution of the right to collateral security established on the land in this case. Thus, the damages suffered by the Plaintiff (i.e., KRW 30,828,134 won deducted from the amount of KRW 16,171,866 won (=30,000,0000 - KRW 13,828,134 won) and

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