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(영문) 수원지방법원 여주지원 2021.02.02 2020가단54017
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On May 22, 2018, the Plaintiff entered into a provisional sales contract between the Plaintiff and the Defendant with a view to purchasing 150 square meters out of 892 square meters (hereinafter “former E”) and 892 square meters (hereinafter “F land”) before the split-off of the E before E and Leecheon-si D (in the case of the same administrative district, the name is omitted) and the Plaintiff entered into a provisional sales contract.

On May 23, 2018, the Plaintiff paid the down payment of KRW 10 million to the Defendant.

On May 26, 2018, the Plaintiff changed the sales contract with the Defendant to increase the sales object from 150 to 180 square meters, and 27 billion won.

The second revision of the sales contract and the method of paying the price for the preparation of the contract - the amount of KRW 10 million in the contract - the amount of KRW 30 million in the middle of May 23, 2018 - the amount of KRW 92 million in the middle of June 8, 2018 - the delivery of the said real estate paid on July 31, 2018 shall be the delivery of the said real estate on July 31, 2018.

In the event of the seller's breach of contract, the seller shall reimburse the amount of the down payment with penalty, and the buyer shall waive the down payment and not claim the return of the down payment.

100 square meters as the housing site for the special agreement, 10 square meters as the road site, 110 square meters as the land for the contract, and the housing site shall be accompanied by the display drawings.

The transfer of ownership is made by re-establishing the land lot for the contract that was divided and sub-divided and transferring ownership (the remaining due date for the division shall be adjusted). All contracts entered into prior to the transfer of ownership shall be null and void (Provided, That this may be changed to each party on June 2, 2018). On June 2, 2018, the Plaintiff: (a) prepared an installment sale contract with the Defendant to purchase the land for the purpose of sale from 180 to 110 square meters; and (b) to purchase the land for the purpose of sale at KRW 330 square meters of the land in E before subdivision, and 33 square meters of the land in E before subdivision (hereinafter referred to as “the instant land”); and (c) to purchase the land for the purpose of sale at KRW 132 million of the price (hereinafter referred to as “the instant sales contract”). Specific terms and conditions of the contract.

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