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(영문) 대전지방법원홍성지원 2017.08.08 2016가단4914
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 2012, D, a representative director of the Plaintiff, entered into a sales contract with respect to the purchase price of KRW 3.5 million with respect to the amount of KRW 753 square meters, which was owned by the Plaintiff, for the F.S., Hong-gun, Hong-gun, Hong-gun, Hong-gun (a contract amounting to KRW 25 million), which is paid on the date of the contract, and the balance of KRW 280 million, up to January 31, 2013).

The Plaintiff was planning to newly construct and sell urban residential housing on the said land (hereinafter “instant loan”). However, on December 31, 2012, the Plaintiff obtained a building permit from the Hong-Gun on the land owner E.

B. Since then, around March 19, 2014, G agreed that D, E, and the Plaintiff’s wife G succeeded to the status of the purchaser of the said sales contract, and accordingly, G and E’s sales contract for the following terms between G and E on the same day.

This was concluded.

The buyer refers to “G” and the seller “E”.

(c) A sales contract;

1. Indication of real estate (hereinafter “each land of this case”) - 726 square meters prior to the F of Hong-gun, Hong-gun, Hongsung-gun, 12 square meters prior to H, 12 square meters prior to I, and 3 square meters prior to J (753 square meters in total)

2.Article 1 (Sales Price and Time) of the Terms and Conditions of the Contract is to pay to the seller the purchase price for the above marked real property as follows:

- The purchase price: 35 million won - the down payment: 25 million won shall be paid and received at the time of the contract - the intermediate payment: 40 million won shall be paid on February 4, 2013 (the receipt of the sale real estate collateral loan) - Any balance of KRW 240 million shall be paid after the bank loan was executed on March 2014.

(1) The buyer succeeds to the creation of a collateral security (one hundred and sixty million won of the debt amount of the Korean bank), and the buyer and the contractor are responsible for, and settle the account payable for the construction cost of the previous contractor and the contractor.

(2) The unpaid land price (200 million won) shall be transferred directly by banking staff to a seller's account after a bank loan is implemented.

(3) If no special agreement has been made, this contract shall be concluded.

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