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(영문) 서울서부지방법원 2016.07.07 2015가합35515
손해배상(기)
Text

The defendant is 15% per annum from December 25, 2015 to the date of full payment with respect to the plaintiff A, B, and C 5,23,559 respectively.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 11, 13, and Eul evidence Nos. 1 (including a serial number; hereinafter the same shall apply) and the results of appraiser F’s appraisal as a whole.

Plaintiff

On April 25, 2013, A, B, and C concluded a sales contract with the Defendant to purchase KRW 700,000,00 of the attached list 1, 2 real estate listed in the attached list (2 real estate listed in the attached list; hereinafter “1 building”) from the Defendant (hereinafter “the instant sales contract”).

The terms and conditions of the special agreement stipulated in the above contract shall be as follows:

Matters of special agreement

1. Contracts for the sale of the current building state; 5. There is no charge for compelling the performance before the remainder date;

Plaintiff

On April 25, 2013, A and D concluded a sales contract to purchase three real estate listed in the separate sheet (hereinafter “second building”) from the Defendant for KRW 50,000,000 (hereinafter “second sales contract”).

The terms and conditions of the special agreement stipulated in the above contract shall be as follows:

Matters of special agreement

1. Sales contract under the present condition of the building. 2. The land occupied by this building is maintained by the Seodaemun-gu Office, and thus, the seller will pay no more than seven million won per annum for usage fees. The seller will be liable for damages at the end of the year 2011 when there is an additional amount in addition to the amount of no loan contract and the amount of no loan contract, 200 won (in addition to five copies of receipts) as of the year 201.

d. 4. The seller E is responsible for the user fee of G on the basis of the balance date when the landowner claims the user fee of G other private land.

5. There is no fact that the charge for compelling the performance has been paid before the remainder date (a ground building on private land);

Plaintiff

A, B, and C completed the registration of ownership transfer for shares of 1/3 of the first building on June 24, 2013 pursuant to the sale and purchase of the instant building on June 24, 2013, and Plaintiff A and D completed the registration of ownership transfer for shares of 1/2 of the second building on the same day.

However, each of the instant cases.

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