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(영문) 서울고등법원 2014.10.01 2013나2019128
손해배상(기) 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

The Plaintiff and the Defendant’s first sale contract of this case were registered in the original name of the Defendant, and P is the Defendant’s representative director. The Plaintiff and the Defendant’s land of five parcels, including Songpa-gu Seoul, D, E, F, G, etc. (hereinafter “each parcel of this case”).

On December 2, 201, the Plaintiff entered into a contract with the Defendant to purchase each of the instant land at KRW 4.68 billion from the purchase price for the purpose of newly building and selling each of the instant land (hereinafter referred to as “instant first sale contract”).

(A) The certificate of No. 1 and the sales contract of the real estate are written on December 2, 2010, but it seems to be a clerical error). Article 2 (Sale Price) (The total purchase price) of the real estate shall be KRW 4.68 billion.

Article 3 [Methods of Payment of Sales Price]

(a)The down payment shall be KRW 400 million, and ① the first down payment shall be paid in cash at the time of a contract: 150 million won.

(2) The second down payment: Cash payment of KRW 250 million on December 10, 201 shall be made in the amount of KRW 250 million.

(b) Balance: Payment in cash of KRW 480 million on May 30, 2012;

C. Loans: The Plaintiff will repay the remainder after the completion of the building at the time of the remainder payment.

Article 5 (Matters to be Observed by Defendant (after Conclusion of this Agreement) The Defendant shall cooperate in the authorization, permission and procedures necessary for construction on the site to be purchased by the Plaintiff.

All expenses related to this shall be borne by the plaintiff.

Article 8 (Transfer of Ownership) The payment of the down payment of KRW 400 million under Article 3 shall be completed and the ownership shall be transferred, but in order to guarantee the repayment of the principal and interest of the loan and the payment of the balance of KRW 480 million, an amount equivalent to 150 percent of the balance of the security agreed upon by the Plaintiff and the Defendant shall be notarized to the Defendant and exchanged with documents necessary for the transfer of ownership.

Article 9 [Cancellation of Contracts and Handling of Contract Deposit]

A. If the contract is terminated due to the failure or cancellation of the contract due to the Plaintiff’s cause attributable to the Defendant, the down payment will belong to the Defendant, and the Defendant cancelled before the intermediate payment is paid

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