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(영문) 의정부지방법원 고양지원 2018.05.04 2017가단74210
손해배상(기)
Text

1. The Defendant: KRW 50,000,000 for each of the Plaintiff (Appointed Party) and the Plaintiff (Appointed Party) and C, respectively, and KRW 25,00,000 for each of them.

Reasons

1. Fact-finding;

A. On July 5, 2016, the Defendant entered into a sales contract with three joint buyers, including the Plaintiff (Appointed Party), the Plaintiff’s Appointor (hereinafter collectively referred to as “Plaintiffs,” and individually named Plaintiff), and D, in order to sell KRW 1554 square meters (hereinafter “instant real estate”) for KRW 2.2 billion in the purchase price, as follows.

① Of the purchase price of KRW 2.2 billion, the down payment of KRW 50 million shall be paid at the time of the contract (as a result, the Plaintiff C deposited the said money with the Defendant’s account on July 5, 2016) and the intermediate payment of KRW 40 million, and the remainder of KRW 1.75 billion shall be paid at the time of May 30, 2017.

A seller shall deliver documents necessary for the registration of transfer of ownership to a purchaser simultaneously with the receipt of any balance, and deliver the said real estate to the purchaser until May 30, 2017.

The successful bidder shall succeed to the debt secured by the right to collateral security and the right to collateral security, which is 1.69 billion won of maximum debt amount, and 299 million won of the aggregate debt amount against the Ilsan Credit Union.

(2) until December 30, 2016, a seller shall hand over the leased part to the lessee’s “F” and “G” to the buyer.

(3) Where a seller or a purchaser has defaulted with the terms and conditions of this contract, the other party may demand the person who has defaulted to perform the contract and rescind the contract, and the compensation for losses incurred by default shall be based on the down payment.

B. After that, on January 24, 2017, the Defendant concluded a sales contract to sell the instant real estate with two Plaintiffs as joint buyers (hereinafter “instant sales contract”) on the following terms:

Among them, the following three or less parts are listed in the [matters of special agreement] column, and include the "matters of special agreement" first.

(1) The purchase price shall be 2.2 billion won, and the down payment of 50 million won among them shall be paid at the time of a contract, and the remainder shall be 2.15 billion won.

(2) The seller or the purchaser shall perform the terms of this contract.

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