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(영문) 대구지방법원 2018.06.14 2016가합3663
손해배상(기)
Text

1. The defendant shall pay the plaintiffs the amount of the claim in the attached Form and the amount of the award, which falls under each of the following subparagraphs.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and improvement project association established on November 30, 2006 in order to implement a housing reconstruction project (hereinafter “instant reconstruction project”) that constructs apartment units on the ground (hereinafter “instant apartment units”) on the ground of Daegu Suwon-gu B.

B. The Plaintiffs concluded a sales contract with the Defendant or entered into a sales contract with the existing buyer to succeed to the sales contract concluded with the Defendant (hereinafter “instant sales contract”), and the Dong and lake of the sales household of the instant apartment that the Plaintiffs purchased pursuant to the instant sales contract are as stated in the corresponding items in the attached claim amount and the cited amount list.

C. The main contents of the instant sales contract are as follows.

Article 2 (Cancellation of Contracts) (3) "B (the meaning of a buyer; hereinafter the same shall apply)" may cancel this Agreement if it is impossible to move into within three months from the scheduled date of move into due to the reasons attributable to "A (the meaning of the defendant; hereinafter the same shall apply)" or "sick (the meaning of the contractor)".

Article 3 (Penalty) (2) When the contract is terminated for reasons falling under Article 2(3), "A" shall be paid to "B" 10% of the total amount of the supply price as penalty.

Article 6 (Public Notice of Transfer and Registration of Preservation of Ownership) (1) The term "A" shall complete the relocation public announcement in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents after the completion of the construction of multi-family housing, public-owned facilities, and ancillary facilities to be built

(2) "B" shall pay in full the sale price and other payments, and complete the registration of ownership transfer at the expense of "B" within 60 days from the date on which the registration of ownership transfer of "A" is completed, and all damages and losses arising when "B" fails to complete the transfer procedure.

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