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(영문) 의정부지방법원고양지원 2017.08.24 2016가단83750
손해배상(기)
Text

1. The plaintiff's main claim and the defendant's counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

(a) A counterclaim shall be deemed to be filed together;

1. Basic facts

A. The Plaintiff is the owner of B, B, 33 square meters, B, 1,240 square meters prior to C, and D, 102 square meters (hereinafter “instant real estate”). The Defendant is a corporation that engages in construction business, real estate consulting business, etc.

The indication of real estate * Agreement on Sale and Purchase of Real Estate : The area on the public register of all land in Pakistan, C, and D: Total amount of 1,375 square meters ( approximately 416 square meters) * Sale and purchase amount: daily gold - including bonds * sale and purchase of real estate at the above amount.

*Matters of special agreement: (1) The effective term of the agreement shall be three months and shall be null and void thereafter.

(2) When a normal contract is concluded, a seller shall deliver documents necessary for authorization and permission to a purchaser.

(3) Ten million won shall be paid as the down payment under an agreement, and the down payment shall be substituted by the down payment.

4. The purchaser shall settle the auction case of the above land, while the seller shall actively cooperate.

B. On December 14, 2015, the Plaintiff entered into a trade agreement with the Defendant, the seller, and the Defendant with respect to the instant real estate as the purchaser (hereinafter “instant agreement”), and received KRW 10 million from the Defendant.

C. The instant real estate was sold to a third party in the said voluntary auction procedure on May 18, 2016 at KRW 650 million.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant had a duty to purchase the instant real estate from the Plaintiff in accordance with the agreement of this case, but failed to perform that duty, thereby causing damages of KRW 150 million (i.e., the agreed sale price of KRW 80 million - the successful bid price of KRW 650 million). The Plaintiff asserts that the Plaintiff suffered damages of KRW 150 million (i.e., the agreed sale price of KRW 80 million - the successful bid price of KRW 650 million) against the Defendant and damages for delay.

Modern, Modern, Doz.

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