logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.11.29 2018가합200949
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 22, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land (hereinafter “instant sales contract”) with the following terms and conditions (hereinafter “instant sales contract”). On November 23, 2016, the Plaintiff paid a down payment of KRW 100 million (hereinafter “instant down payment”) to the Defendant.

[Contents of the contract] The seller and the buyer shall pay the purchase price by agreement for the sale of the above real estate as follows.

- Sales amount: 2.95 billion won - down payment: 100 million won shall be paid and received at the time of the contract. The recipient (Signature and seal) - Loans amounting to KRW 1.380 million shall be separately specified in the special agreement.

- Balance: 1.477 billion won shall be paid on June 30, 2017.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of any balance of the purchase price, and shall cooperate with the procedures for registration, and the delivery date of the said real estate shall be June 30, 2017.

Article 3 (Extinguishment of Restricted Real Rights) If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid tax, public dues and other charges, the seller shall remove the defect, burden, etc. of such right and transfer the full ownership to

except in cases of rights and amounts agreed to succeed.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim the other party for damages arising from the cancellation of contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

arrow