(영문) 대전지방법원천안지원 2014.11.07 2013가합101176

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(영문) 대전지방법원천안지원 2014.11.07 2013가합101176

손해배상(기)

Text

1. The Defendants’ respective Plaintiff KRW 180,000,000 and Defendant B with respect thereto from October 3, 2013, respectively.

Reasons

1. Facts of recognition;

A. A. On April 2013, the Plaintiff: (a) requested the Plaintiff to sell 30m2, 1739m2, 1739m2, 936m2, and 615m2 (hereinafter “instant real estate”); and (b) the Plaintiff was to find a person to purchase the instant real estate through G.

B. On April 30, 2013, the Plaintiff visited Defendant B’s office, a certified judicial scrivener, to prepare a sales contract to sell the instant real estate, along with F. At the time, Defendant B requested the Plaintiff to set up a collateral security right first, and at the time, Defendant B told the Plaintiff to cancel the said collateral security right if the purchase price is delayed once, and to accept documents to cancel the said collateral security in advance.

C. Accordingly, the Plaintiff sold the instant real estate at KRW 200,000 on the same day, and the down payment of KRW 20,000,000 at the time of the contract, and the remainder intermediate payment of KRW 60,000 at the time of the intermediate payment, and the remainder intermediate payment of KRW 60,000 on May 20, 2013, and the remainder of KRW 60,000 on June 10, 2013, concluded a sales contract with the purport to pay KRW 60,000 on June 20, 2013, and the said special terms and conditions are as follows.

1. The seller shall execute the procedures for registration of creation of a mortgage (the maximum amount of claims: 400,000,000 won, and the debtor: the amount of credit): the creditor, designated by the purchaser, with respect to the real estate in question; and

2. A certified judicial scrivener shall keep necessary documents (application form, power of attorney, certificate of personal seal impression, and information on completion of registration) concerning the cancellation of registration of creation of collateral security in the above paragraph (1).

3. Where a purchaser fails to pay an intermediate payment and any balance on one occasion, the purchaser shall waive the down payment of KRW 20,000,000,000, and the defendant B shall conduct the procedure of cancellation registration with the document of cancellation registration of the right to collateral security kept without notification to the mortgagee and the purchaser.

4. The buyer shall pay part payments and.

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