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(영문) 서울중앙지방법원 2016.03.23 2015나51097
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

(b). b.

Defendant C, as a member of the instant association, was sold from the instant association in lots in KRW 419,00,000 as the sales price of the instant apartment at KRW 102,103 (hereinafter “instant apartment”).

C. On October 6, 2013, the Plaintiffs concluded a sales contract with Defendant C, a licensed real estate agent on the side of Defendant C, and Defendant E, a licensed real estate agent for the Plaintiffs, to purchase the instant apartment sales price of KRW 460,00,000 (the sales price of KRW 419,00,000,000) (hereinafter “instant sales contract”) as follows, and concluded a sales contract with Defendant C to purchase the instant land on the same day.

The main contents of the sales contract of this case are as follows.

* Details of payment such as the sale amount and the intermediate payment: (1) The sale amount paid up to the date: 168,756,000 won: (3) the sale amount to be paid up to the date: 250,244,000 won: 160,250,000 won in sales amount: 460,000 won in sales amount; (460,000 won in sales amount; (2) the down payment 20,000,000 in sales amount; (3) the intermediate payment (payment on October 30, 2013); (2) the remainder 340,000,000 won in sales amount (payment on December 2, 2013); (1) since members’ occupancy rights are traded; (2) various taxes and public charges were confirmed as a transaction amount; and (3) the seller has to succeed to all obligations and responsibilities of the G redevelopment Association from the date of remainder.

(3) The expenses incurred in moving interest-free shall be deducted from the balance, and additional contributions shall be succeeded by the purchaser.

Amount of right - Interest free of interest - Sales contract amount - Sales contract amount = Amount paid by the buyer on the wurd day.

D. At the time of the sales contract of the right to sell the apartment of this case, the plaintiffs and the defendant C calculated by calculating the estimated cost rate of 96.28% for the right to sell the apartment of this case to 72,33,859 won, reflecting the remaining payment date of 157,66,141 won for the purchase price of the right to sell the apartment of this case to the defendant C 460,000.

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