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(영문) 서울중앙지방법원 2017.11.03 2017나24778
손해배상(기)
Text

1. Of the judgment of the court of first instance, the defendant against the conjunctive claim exceeding the following amount ordered to be paid.

Reasons

Facts of recognition

On July 7, 2015, the Plaintiffs concluded a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 544,00,000. The main contents of the sales contract (A) are as follows.

Article 1 (Sales Price and Time) (1) A seller and a buyer shall enter into an agreement on the sale price and time of payment as follows:

Total price: 544,000,000 won for down payment at the time of a contract: 50,000,000 won for intermediate payment at the time of a contract: 100,000,000 won for intermediate payment at the time of a contract, and the remainder payment at the time of July 31, 2015: 390,50,000 won for lease payment on October 30, 2015: 3,50,000 won for the seller’s transfer of ownership at present and at the same time he/she shall deliver all documents necessary for the registration of transfer of ownership and deliver the said real estate.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be regarded as the basis for the compensation for damages unless otherwise agreed on the damages (hereinafter referred to as the “instant penalty agreement”).

4. Any seller shall cooperate with the buyer in converting his current monthly rent into his former monthly rent until the payment date of any balance and the time of balance may be adjusted under mutual agreement.

8. Other matters shall be governed by the real estate sale practice.

Matters stipulated in the attached special agreement dated August 30, 2015, 101 and 102 of the real estate of this case, shall be paid in the second intermediate payment (prepaid part of the prepaid part).

The Plaintiffs paid 50,000,000 won to the Defendant on the date of the instant sales contract, and paid the intermediate payment of KRW 100,000,000 on July 30, 2015.

The Plaintiffs are on the grounds of financial shortage.

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