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(영문) 부산지방법원 2016.08.17 2015나12755
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 4, 2014, the Plaintiff entered into a contract with the Defendant to purchase a building of 272.5 square meters and 5 stories on the land (hereinafter “instant real estate”) located in the name of the Defendant’s husband, Suwon-gu, Busan, Busan, which is the Defendant’s husband, with the purchase price of KRW 80,000,000 (the payment on the day of KRW 88,000,000 and the balance of KRW 792,00,000, August 19, 2014).

(hereinafter “instant sales contract”). The terms and conditions of the instant sales contract include the following:

1. The current status of sale and purchase, and the site and building area shall be based on the area entered in the public register;

2. The ownership on the registry of the instant building is registered as C, but the present death status is the contract with the representative heir B (Defendant) and the contractor B (Defendant) is to process the inheritance registration before the remainder and to attach other successor’s written consent to the sale and purchase of the building before the remainder (certificate of seal impression, seal, and power of attorney) to the effect that the principal contract is null and void.

3. The seller shall order the present lessee within forty-five (45) days from the date of the contract for the second and third floor of the main building;

(Attachment) 4. The fourth floor of this building shall be leased by the present lessee at the rent of KRW 100 million.

(5) Various public charges until the remainder shall be borne by the seller, and the other public charges shall be settled on the basis of the balance date.

6. The rental deposit shall be deducted from any balance, and the current lessee (1st floor and underground) shall succeed to by the buyer;

7. Matters not stated in this special agreement shall be governed by the provisions of the Civil Act concerning the contract and the real estate sale practice.

8. A copy of the confirmation description of the object of brokerage shall be appended respectively.

B. On July 4, 2014, the day of the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 88,000,000.

In addition, on July 7, 2014, the Plaintiff paid KRW 15,000,00 to the Defendant for the expenses of directors for the pre-existing lessees of the instant real estate.

C. The defendant is the remaining payment date.

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