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(영문) 대구지방법원김천지원 2020.05.08 2019가합16300
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A seller of the fact of recognition: The purchase price for the plaintiff: KRW 1,830,00,000 for the purchase price for the plaintiff: KRW 200,000 for the loan to be paid at the time of a contract: KRW 1,000,000 for the part payment to be paid at the time of a contract: KRW 300,000 for the part payment to be paid by the purchaser who succeeds under the present condition: The balance payment to be paid on October 23, 2017: KRW 330,000,000 for the remainder payment, and the special clause to be paid on December 20, 2017:

5. The seller’s total sum of KRW 1,000,000,000 (hereinafter “instant existing loan obligations”) is to succeed to the buyer’s obligation by February 20, 2018 after the remainder payment.

On October 20, 2017, the Plaintiff entered into a contract with the Defendant to purchase from the Defendant for the following terms (hereinafter “instant sales contract”).

B. On October 23, 2017, the Plaintiff paid the Defendant the remainder of KRW 330,000,000 for down payment and intermediate payment of KRW 300,000,000 according to the instant sales contract, and paid each of the remainder of KRW 330,00,000 on December 20, 2017.

C. On December 20, 2017, the Defendant transferred all documents necessary for the registration of transfer of ownership, such as a certificate of personal seal impression, to the G Licensed Real Estate Agent H of G Licensed Real Estate Office, which arranged the instant sales contract in accordance with the instant sales contract, and received such documents from H.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. On December 20, 2017, the Plaintiff asserted for cancellation of the contract due to the Defendant’s nonperformance (the primary assertion) had been provided by the Defendant through H with documents necessary for the registration of transfer of ownership under the instant sales contract, and the validity period of the certificate of personal seal impression, etc. for sale of real estate has expired during the delayed registration procedure due to the preparation of acquisition tax, etc.

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