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(영문) 대구지방법원상주지원 2016.04.21 2015가합89
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 1, 2015, the Defendants concluded a sales contract to purchase KRW 110,00,000, the remainder amount of KRW 920,000,000 ( March 9, 2015), and the total purchase price of KRW 1,030,00,000 (hereinafter “the instant sales contract”) from the Franchi, Kimcheon-si (hereinafter “instant clan”), and paid the down payment on that day.

B. Meanwhile, with respect to the size of 504 square meters before the above G, the registration of ownership transfer in the name of I, J, and K of the clan of this case was completed, and with respect to the size of 454 square meters in the name of the same clan of this case.

C. After the conclusion of the instant sales contract, Defendant C became aware of cerebral blood. D.

On March 17, 2015, the Plaintiffs concluded a transfer contract under which the Defendants would be entitled to acquire the status of purchaser of the instant sales contract from the Defendants (hereinafter “instant transfer contract”).

According to the instant transfer contract, the instant transfer proceeds amount of KRW 1,030,000 as the price for the instant sales contract, and the Plaintiffs paid KRW 110,000,000 as the down payment to the Defendants until March 17, 2015, an intermediate payment of KRW 500,000,000 to the Defendants until March 17, 2015, and the remainder of KRW 420,00,000 to each of the instant clan by April 17, 2015.

At the time of the instant transfer contract, the Plaintiffs and the Defendants concluded a special agreement that “the transfer acquisition contract amount shall be a penalty, and the transferor shall pay the down payment when the transferor breaches the contract, and the transferee shall waive the down payment when the transferee breaches the contract.”

E. Defendant E received down payment of KRW 110,000,000 from the Plaintiffs on March 17, 2015.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to Gap's evidence, Gap's evidence 1 to 5, Gap's evidence 1, 2, 3, Eul's evidence 11-1, 2, and 3, witness's testimony and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted 1 to pay KRW 500,000 to the clan representative on March 17, 2015, which is the date of the instant transfer agreement.

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