(영문) 의정부지방법원고양지원 2017.10.27 2017가합73139

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(영문) 의정부지방법원고양지원 2017.10.27 2017가합73139

손해배상(기)

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1. The defendant shall pay to each of the plaintiffs KRW 200,000,000 as well as 15% per annum from June 30, 2017 to the date of full payment.

Reasons

1. "Real estate sales contract (A. No. 1)" is recognized

1. Indication of real estate;

2. From among the terms and conditions of a contract, Article 2 of the seller shall receive any balance of the purchase price from the buyer, deliver all documents necessary for the registration of transfer of ownership to the buyer, and cooperate with the registration of transfer, and the delivery of the said real estate shall be March 8, 2016;

Article 3 The seller shall remove the defects, burdens, etc. of the rights to restrict the exercise of ownership, such as mortgages, superficies and chonsegwon, or all charges, public charges, etc., which are established on the said real estate, by the date of the balance payment and transfer full ownership

Provided, That this shall not apply to rights, charges, etc. agreed to succeed.

If the seller or the purchaser under Article 6 has defaulted on the terms and conditions of this contract, the other party may demand the person who has defaulted on the contract to perform the contract and rescind the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

Resolution [Special Agreement]

1. The contract entered into on the current status and entered into on the public cadastral book; 2. The seller shall enter into the time when the purchaser wishes all the documents necessary for the authorization and permission (multi-household license);

3. A sales contract shall become void if it is impossible to obtain authorization or permission;

At this time, the seller shall refund the down payment without delay to the buyer.

(2) No later than 100

A. On July 6, 2015, the Plaintiffs entered into a sales contract with the Defendant for the purchase price of KRW 2,340,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 200,000,000 on the same day.

In the instant sales contract, the Defendant’s remainder 2,140,000,000 won remaining after deducting the down payment from the above sales price.

유사 판례

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-전주지방법원군산지원 2016.01.12 2015가단54276

-대구지방법원포항지원 2020.02.18 2019가단5022

-전주지방법원 2018.05.04 2016나3716