(영문) 대구지방법원안동지원 2017.05.18 2016가합3598

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(영문) 대구지방법원안동지원 2017.05.18 2016가합3598

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant and C’s acquisition of land rights 1) The Defendant and C, who are both the remaining students of the Defendant and C, are 17,455 square meters of land D from August 2013 (hereinafter “instant land”).

(2) On April 20, 2015, the Defendant completed provisional registration on April 15, 2015, on the ground of “sale reservation on April 15, 2015.”

B. On December 8, 2015, the Plaintiff and E, as a joint purchaser, have entered into a sales contract and entered into a contract for the purchase of the instant land from the Defendant (hereinafter “instant sales contract”).

The main contents are as follows. The sales amount and payment method of Article 2 (Sales Price, etc.) shall be determined as follows. (1) The sales amount shall be KRW 2.39 billion.

2) The contract deposit shall be paid at KRW 235 million to the seller simultaneously with this contract at the same time by the buyer. 3) The remainder shall be paid at KRW 2.155 million to the seller and the buyer shall be paid at KRW 2.155 million to the seller by March 7, 2016.

Article 3 (Registration of Transfer of Ownership, etc.) Any seller shall provide the buyer or any person designated by him with all the documents pertaining to the delivery of the sales goods and the registration of transfer of ownership through the simultaneous performance with the payment of the purchase price from the buyer in full.

Article 10 (Penalty) 1) Where a seller cancels a contract due to the buyer's failure to perform the contract, the seller shall acquire the security deposit and not return it. 2) Where the buyer cancels the contract due to the seller's failure to perform the contract, the seller shall return the security deposit received to the buyer and pay the same amount as the penalty.

1) The instant land is currently comprised of 1/2 and 1/2 of the shares of the Defendant, and the Defendant as a provisional registration holder on April 20, 2015, with respect to the share C, a provisional registration has been made on April 20, 2015. Therefore, the Defendant is therefore liable.

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