(영문) 수원지방법원 2017.11.03 2016나71621

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(영문) 수원지방법원 2017.11.03 2016나71621

손해배상(기)

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1.The judgment of the first instance shall be modified as follows:

The defendant shall describe in paragraph (1) of the attached list of real estate from the plaintiff.

Reasons

1. The sales contract of this case in fact of recognition;

2. In the sale of each of the instant real estate under Article 2 of the Terms and Conditions of the Contract, the buyer (hereinafter “the Defendant”) pays the purchase price as follows.

-The purchase price of KRW 830,000,000 - down payment of KRW 30,000,000 shall be paid at the time of the contract and the seller shall receive this. - The intermediate payment of KRW 320,000,000 shall be paid on November 14, 2012.

- The remaining 480,000,000 won shall be paid on November 14, 2012

Article 6. The seller (hereinafter “Plaintiff”) shall reimburse the amount of the down payment at the time of the termination of the contract, and the Defendant shall waive the down payment and not claim the return thereof.

[Special Contract] - Payment of down payment shall be substituted by a deposit of 30,000,000 won in the Plaintiff’s custody. - Payment of the intermediate payment shall be substituted by succession to the loan (320,000,000 won of the loan principal) from a commercial bank, and the remainder shall be paid by the Defendant with a loan from a commercial bank.

- Interest accrued after November 14, 2012 shall be liable to the Defendant, the buyer, and the amount incurred thereafter shall also be liable to the Defendant.

- The transfer registration of ownership on each real estate of this case shall be completed within one week.

Although the above part is not explicitly indicated in the instant sales contract, it seems that there is no dispute between the parties as to the fact that there exists a verbal agreement between the parties to complete the registration of ownership transfer concerning each of the instant real estate within one week after the conclusion of the instant sales contract. However, the parties claim that the parties are liable to the other party who was unable to complete the registration of ownership transfer.

On November 14, 2012, the Plaintiff and the Defendant: (a) the real estate listed in paragraph (1) of the attached Table No. 1 of the real estate list, which the Plaintiff owned by the Plaintiff, is “real estate No. 184 of this case”; and (b) the real estate listed in paragraph (2) of the attached Table No. 185 of the real estate.

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