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(영문) 광주지방법원 2016.12.09 2015가합56477
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) who is the owner of the G, D, E, C, D ground buildings, and E-ground buildings in Gwangju Northern-gu (hereinafter “instant commercial building”), died on October 2014, and G, H, I, and J are the deceased’s successors.

B. On March 24, 2015, the Plaintiff entered into a sales contract with H that was represented by G and G to purchase each of the instant real estate (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 220,000,000 to G as the down payment.

2. Article 1 (Purpose) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount by agreement as follows with respect to the sale of each of the instant real estate.

KRW 2,185,00,000 for purchase price, KRW 220,00 for down payment, KRW 400,000 for intermediate payment, KRW 1,565,00,00 for the remainder of April 10, 2015, and KRW 1,565,00,00 for each contract shall be paid on April 10, 2015.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price and the registration of transfer of ownership, deliver all documents necessary for the registration of transfer of ownership to a purchaser, and cooperate with the registration procedure, and the delivery date of each real estate of this case shall be April

[Matters of Special Agreement]

1. The present contract is a contract under the present facility, the certificate of registered matters is confirmed, and the contract is entered into. 5. The seller establishes an intermediate payment registration before the intermediate payment is made.

6. Seller's lease contract;

3. By the 24.C. submitted to the broker by the date of 24.2 (attached Form 445,000,000 won, monthly rent of KRW 10,500,000 shall be liable to the seller when there is any error.)

G, upon entering into the instant sales contract, G issued to the Plaintiff the current status of K stores (Evidence A3; hereinafter referred to as “the current status table”) stating that the total deposit amount of each lease contract for the instant commercial buildings is KRW 445,00,000, and monthly rent is KRW 10,500,000, but the relevant lease contract is presented.

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