(영문) 인천지방법원 2019.05.09 2018나64651

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(영문) 인천지방법원 2019.05.09 2018나64651

손해배상(기)

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1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

In the first instance court, the plaintiffs paid 82 million won to the defendant and the co-defendants of the first instance court as compensation for the non-performance of the real estate sales contract, and further, the defendant claimed 1.8 million won of the unclaimed down payment.

The court of first instance dismissed the claim for damages against the plaintiffs, and accepted only the amount of KRW 1.8 million in unclaimed contract amount.

Since only the defendant appealed, the scope of the judgment of this court is limited to the 1.8 million won of the unclaimed contract amount, which is the part against the defendant in the first instance trial.

Basic Facts

A. On March 13, 2017, the Defendant: (a) on March 13, 2017, the buyer is a Plaintiff A and one other; and (b) affix the Plaintiff A’s seal attached thereto.

However, there is no dispute between the parties regarding the fact that the plaintiffs are joint buyers.

, at the time of selling the real estate owned by it, a real estate sales contract, the main contents of which are:

(B) The following: (a) The instant real estate shall be referred to as “the instant real estate”; and (b) the sales contract concluded on the instant real estate shall be referred to as “the instant sales contract”; (c) the subject matter of sale: the seller of J 84 square meters in Jung-gu Incheon Metropolitan City and the seller of detached housing 47.54 square meters in its ground: E, the buyer, and the buyer: the buyer: (a) the sales price of KRW 215,600,000: 22 million (payment upon contract) and the remainder: the amount of KRW 193.6 million (payment on May 31, 2017).

4. Before any balance, the seller shall make up two cases of provisional attachment, 58,000,000 won with the maximum debt amount set up (L bank) and 36,000,000 won with the maximum debt amount set up.

5. In the event that M of the mortgagee of the right to collateral security was not cancelled due to unavoidable reasons on the register of the register, this contract shall be deemed null and void, and the down payment shall be returned to the purchaser without repayment of the double amount.

B. The defendant is a mortgagee of the right to collateral security established on the real estate of this case.

유사 판례

-인천지방법원 2018.08.17 2017가단226024

-서울북부지방법원 2016.04.12 2015가단30296

-대구지방법원 2016.11.08 2015가단29951

-춘천지방법원속초지원 2019.06.14 2018가단200671

-의정부지방법원 2015.08.21 2014가단14924