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(영문) 창원지방법원 2017.01.20 2016가단107496
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 4,000,000, and shall pay the full amount from October 5, 2016.

Reasons

The plaintiff is a stock company that runs the business of leasing and selling houses and buildings, and the defendant is a stock company that runs the real estate trust business.

On August 3, 2010, the Defendant completed the registration of ownership transfer on each real estate listed in the separate sheet (hereinafter “instant real estate”) based on the same day trust.

On June 1, 2015, the Defendant issued a public auction notification to sell the instant real estate en bloc (hereinafter “instant public auction notification”) and the main contents related to the instant public auction notification are as follows.

8. We assume our responsibility for the public records, land category defects, administrative regulations, etc. of the subject matter of the public auction and the subject matter of the public auction, and thus the bidder must check the subject matter of the public auction under his/her responsibility through perusal of public records, on-site answers, etc.

In addition, matters related to the acquisition of ownership and disposition such as various authorizations and permissions should be confirmed to the related laws and institutions on the responsibility of the bidder.

· The buyer shall bear the responsibility for cancellation of all legal, factual, and legal relationship, such as the name map and the responsibility for delivery of the subject matter of sale (the lessee, superficies, lease on a deposit basis, lien, lien holder, illegal occupant, etc.), limited real right, etc. (the collateral mortgage, superficies, lease on a deposit basis, provisional seizure

- The purchaser shall complete the registration of ownership transfer through all administrative procedures, such as land transaction permission, approval certificate, sale contract and report of real estate transactions, and shall bear administrative fines, etc. following the omission of administrative procedures, such as reporting.

On June 15, 2015, the Plaintiff was awarded a successful bid for the instant real estate by presenting the bid amount of KRW 4,316,00,000 on the date of public auction.

On June 23, 2015, the Plaintiff purchased the instant real estate from the Defendant, and KRW 4,15,000,000,000, the down payment of KRW 3,901,000,000 shall be paid, respectively, on July 23, 2015, and the Defendant shall pay the remainder of KRW 3,901,00,000 when concluding a contract, and within seven days from the date of settlement of the purchase price.

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