(영문) 인천지방법원 2018.08.17 2017가단226024

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(영문) 인천지방법원 2018.08.17 2017가단226024

손해배상(기)

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1. Defendant E shall pay 1,800,000 won to the Plaintiffs and 15% per annum from July 25, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On March 13, 2017, the Defendants signed a sales contract for the Plaintiffs on March 13, 2017, with the purchaser as Plaintiff A and one other, and affixed the Plaintiff’s seal attached thereto.

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

The sales contract for each real estate owned by it was prepared to sell each real estate with the following contents:

(1) A seller of Jung-gu, Incheon and a seller of single-family housing of 90.9 square meters and 41.98 square meters of single-family housing: Defendant C and buyer: (i) the sales price for the Plaintiff, et al.: KRW 173,200,000 (payment at the time of a contract) and the balance: KRW 17 million (payment at the time of a contract) and KRW 156,200,000 (payment on May 31, 2017)

4. The seller shall, prior to any balance, be the 130,000,000 won (H Association) with the maximum debt amount set up as a collateral on the register of the register, 26,00,000 won (H Association).

8.In the event that the buyer is not aware of the cancellation due to unavoidable reasons among the lawsuits for cancellation of the collateral security, the seller shall be deemed null and void, and the down payment shall be returned to the buyer without repayment of the double amount, in the following cases: (a) the buyer shall not perform the construction activity which is the object of the buyer's use; and (b) the buyer shall not perform the construction activity which is the object of the contract.

D and buyer: 171,200,000 won (payment at the time of a contract) and the balance: 17 million won (payment at the time of a contract) and 15,200,000 won (payment on May 31, 2017) in the case of seller in Jung-gu, Incheon.

4. The seller shall, prior to any balance, terminate the amount of 150,000,000 won (D) with the maximum amount of debt created as a collateral on the register of the register.

7. In the event that the buyer is not aware of the cancellation due to unavoidable reasons among the lawsuits for cancellation of the collateral security, the seller is not entitled to do construction acts which are the object of the buyer's use, as the relationship between the buyer and the 4 lots of land (I, J, K, and G).

유사 판례

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