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(영문) 광주지방법원 2018.09.18 2018가단501865
손해배상(기)
Text

1. As to the Plaintiff KRW 44,609,135 and KRW 19,00,00 among them, Defendant B shall be from August 25, 2017 to February 8, 2018.

Reasons

1. Basic facts

A. The terms and conditions of the sales contract between the Plaintiff and the Defendant (attached Form 2) as to the real estate listed in the list (attached Form 1) are as follows: (a) The Plaintiff refers to the real estate listed in the list (attached Form 2) around February 27, 2015 (hereinafter “attached Form 2”); and (b) the real estate (attached Form 2

(2) The Defendant’s sales contract to sell the purchase price of KRW 160 million to the Defendant (hereinafter “first sales contract”).

(1) The Plaintiff and the Defendant agreed to have the name of the purchaser, not the Defendant, E, instead of the Defendant.

(A) A) The seller’s breach of contract amounting to five million won (in the event that the contract amount is entered into simultaneously with the deposit of the contract amount), intermediate payment of five million won, balance of fifteen million won (15 million won on May 29, 2015) shall compensate the buyer for the double amount of the down payment with the penalty, and if the buyer terminates the contract, the right to claim the return of the down payment shall be lost by deeming the down payment as the penalty and the right to claim the return thereof shall be lost even after the commencement of the contract (hereinafter “instant contract for breach of contract”).

(2) On March 24, 2015, when the Defendant was in default of the payment of down payment, the Defendant stated to the Plaintiff that “The Defendant would take over the obligation of the loan by taking out real estate as security,” and that “the Defendant would take over the obligation of the loan,” and that “the Plaintiff would deposit the down payment with the land of the loan: KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,

3) On March 24, 2015, Defendant B, upon receipt of loans and payment of down payment based on the execution of real estate mortgage loans, borrowed KRW 69 million from the FF Association, and the Plaintiff (attached Form 2 real estate is offered as security and secured by the property to secure another’s property.

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