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(영문) 대전지방법원서산지원 2016.12.21 2016가단3463
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 18, 2011, the Plaintiff and C made a sales contract: (a) on September 18, 201, the Defendant clan entrusted the Defendant clan with the name of D, E, and F, G 3618 square meters; (b) 2047 square meters prior to H; (c) 60 square meters prior to I; and (d) 1915 square meters prior to J (hereinafter collectively referred to as the “instant real estate”).

(2) The sales contract to purchase the purchase price of KRW 450 million, and to pay the down payment of KRW 50 million on the date of the contract, and the balance of KRW 400 million on October 17, 201 (hereinafter “the instant sales contract”).

2) The instant sales contract was concluded between K, L, M, N,O, P, and the Plaintiff, which are the members of the Defendant clan representing the Plaintiff, C, and trustee D, E, and F.

3) The sales contract made at the time includes the following contents. The seller’s representative of the D, E, and F seller: K, L, M, N,O, P, and Plaintiff (hereinafter “A”) of the defendant clan representative director.

2) Buyer: Plaintiff and C (hereinafter “B”)

The purpose of this Agreement is to set forth the rights and obligations between Gap and Eul in selling and selling the above-mentioned real estate owned by the seller Gap to Eul. In the event of the contract under Article 5, matters to be considered ① The written resolution or the seller (three regular written consents) delegated by the defendant clan meeting related to the sale and purchase of the real estate shall be attached to the contract.

2. On behalf of D, E, or F, A shall be fully responsible for all the documents and processes necessary for down payment and ownership transfer in performing this contract on behalf of D, E, or F, the owner of the target real estate.

(3) If A fails to implement Article 5 (1) and (2), no effect of this Agreement shall accrue, and A shall compensate for penalty for breach of Article 7 (2).

Article 7 (Cancellation of Contract and Compensation for Damages ① In case of breach of duty due to the cause attributable to B or of unilaterally demanding B to cancel the contract, the down payment that he paid shall revert to A.

(2) Any cause attributable to A shall be attributable.

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