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(영문) 부산지방법원동부지원 2015.08.20 2014가단27274
손해배상(기)
Text

1. The Defendant’s KRW 88,00,000 as well as the Plaintiff’s annual rate of 5% from August 20, 2014 to May 1, 2015, and the following.

Reasons

1. Basic facts

A. On July 4, 2014, the Plaintiff entered into a contract with the Defendant to purchase a house of KRW 880,000,000 for the purchase price of KRW 882,00,00 for the purchase price of KRW 882,00,00 for the purchase price of KRW 892,00,000 for the remainder of KRW 792,00,000 for the purchase price of KRW 275,500 for the Plaintiff’s husband (hereinafter “instant real estate”).

The terms and conditions of the contract of this case include the following:

1. The current status of sale and purchase, and the site and building area shall be based on the area entered in the public register;

2. The ownership on the registry of the instant building is registered as C, but the present death status is the contract with the representative heir B (Defendant) and the contractor B (Defendant) is to process the inheritance registration before the remainder and to attach other successor’s written consent to the sale and purchase of the building before the remainder (certificate of seal impression, seal, and power of attorney) to the effect that the principal contract is null and void.

3. The seller shall order the present lessee within forty-five (45) days from the date of the contract for the second and third floor of the main building;

(Attachment) 4. The fourth floor of this building shall be leased by the present lessee at the rent of KRW 100 million.

(5) Various public charges until the remainder shall be borne by the seller, and the other public charges shall be settled on the basis of the balance date.

6. The rental deposit shall be deducted from any balance, and the current lessee (1st floor and underground) shall succeed to by the buyer;

7. Matters not stated in this special agreement shall be governed by the provisions of the Civil Act concerning the contract and the real estate sale practice.

8. A copy of the confirmation description of the object of brokerage shall be appended respectively.

B. On July 4, 2014, the date of the contract, the Plaintiff paid the Defendant the down payment of KRW 88,000,000.

C. By August 19, 2014, the remaining payment date, the Defendant completed the inheritance registration of the instant real estate by August 19, 2014, or received consent from the deceased C’s successors except the Defendant (hereinafter “hers successors”) to sell and purchase the instant real estate.

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