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(영문) 수원지방법원 안산지원 2018.05.31 2017가합10913
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 347,667,00 and the interest rate of KRW 15% per annum from December 19, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 2, 2007, C, the Defendant, entered into a sales contract with D to purchase each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant lands”) and four parcels, etc. as indicated in the separate sheet Nos. 1 and 2.

B. On July 4, 2014, the Plaintiff (former Company E) purchased the pertinent land from the Defendant, which was purchased from D, but for which the registration of ownership transfer was not completed, and the Defendant, as the owner of each of the instant land and the fourth-story building (the name of the Defendant was registered on August 18, 2016 under the entrustment of provisional disposition registration, as indicated in attached Table No. 3; hereinafter referred to as “instant building”; hereinafter referred to as “each of the instant real estate” in total, including each of the real estate listed in the attached Table No. 3), purchased at the price of KRW 50 million (the contract amount is KRW 100 million, the intermediate payment is KRW 300 million, and the balance KRW 100,000,000,000,000 were paid on July 7, 2014). At the same time, the sales contract was concluded to receive the registration of ownership transfer on each of the instant real estate and receive it (hereinafter referred to as “instant sales contract”).

In order to complete the implementation of a real estate sales contract for a multi-family house newly constructed on the building site in Ansan-si F and G sites concluded on July 4, 2014 between the defendant and the plaintiff, the letter of commitment to the agreement will be agreed and implemented as follows:

2. On March 4, 2014, the Plaintiff, upon the Defendant’s request, is the Plaintiff’s act of J, the actual owner of the Plaintiff, who was a Siber of K’s representative director and K for the payment of the remainder of the instant real estate sales contract.

In order to terminate a real estate sales contract for the members of Ansan-si, A, and KRW 100 million out of the real estate sales price of KRW 200 million, the remainder of the real estate sales contract for this case, and KRW 60 million in substitution for public use fees, and the Defendant shall pay the remainder of the real estate sales contract for this case as well as KRW 100,000 and KRW 60,000.

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