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(영문) 부산지방법원 2018.12.11 2017가단3624
손해배상(기)
Text

1. The Defendant: (a) KRW 50 million to Plaintiff A; (b) KRW 130 million to Plaintiff B; and (c) KRW 130 million to each of them on February 1, 2017.

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], entries in the evidence 1-1 through 4, evidence 1-2, evidence 1-2, evidence 2-3, evidence 6, 7, 8, 17, 18, 19, and 20, respectively, and the purport of the whole pleadings;

A. D, on February 25, 2014, purchased “G and H” block land (hereinafter “instant real estate”) in the F complex, located outside Busan-gun E, and executed a project to create I building (hereinafter “instant I”), entered into a land sales contract with the Busan Urban Corporation and the instant real estate purchase price in the amount of KRW 14.5 billion (hereinafter “instant land sales contract”). On the same day, D paid the down payment of KRW 1.45 billion to Busan Urban Corporation on the same day.

B. D obtained a construction permit for the instant I from the plane captain-Gun Office of Busan Metropolitan City (hereinafter “Seoul Gun Office”) on July 9, 2014.

C. The Plaintiffs entered into an I Trading reservation with D as follows, and paid the amount stated in the “Contract Deposit” column to D on the date of each pre-sale promise.

A B J I K I K J I L JI M JI J IN

D. The main contents and terms of each of the instant agreements are as follows:

The seller of the I Contract: D and the buyer in Article 5 of the terms and conditions of each of the plaintiff's contract) shall compensate the seller for the amount of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment agreement), and the buyer may waive the down payment and rescind this contract. Article 6) If the seller or the buyer is in default on the obligation under this contract, one of the parties to the contract may demand in writing the other party who has defaulted on the obligation to perform the obligation and cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

The buyer is in preparation for the approval of the sale of the local government as of the 1st Special Agreement date.

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