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(영문) 창원지방법원 2018.01.24 2017나50833
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 27, 2012, the Defendants were awarded a successful bid for 80/100 shares in Defendant C, and 20/10 shares in Defendant D, among 425 square meters and its ground buildings, G previous 4,471 square meters (hereinafter “instant real estate”).

B. On April 6, 2015, the Plaintiffs concluded a sales contract with the Defendants to purchase the instant real estate as follows (hereinafter “instant sales contract”). On the date of the contract, the Plaintiffs paid the Defendants the down payment of KRW 120 million.

The Defendants: At the time of the conclusion of the instant sales contract, Plaintiff A and 3, the Plaintiffs, Nonparty L, and Q 4 agreed to purchase the instant real estate, but thereafter L and Q were omitted, and only the Plaintiffs were to purchase.

The purchase price: The balance of KRW 120 million (payment on a contract basis): 90 million (payment by June 30, 2015) if a seller or purchaser fails to comply with the terms and conditions of this contract, the other party may make a written peremptory notice and rescind the contract in writing to the person who has failed to perform the obligation.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Special Agreement - All unnecessary facilities on the ground above (the real estate in this case) (such as franchisor and franchisor, clothing, and so on) shall be transferred by the seller (the defendants) before the payment of the remainder.

- The period of this disability is the seller’s responsibility to pay for a graveyard on the ground above (the instant real property).

Also, the removal of bamboo in the land will be given.

C. On June 30, 2015, the remaining payment date, the Plaintiffs sent to the Defendants a certificate of content that “the Defendants shall pay KRW 240 million, a double of the down payment, as damages, on the grounds of the Defendant’s nonperformance of the obligation to change the graveyard,” and the Defendants on July 21, 2015.

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