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(영문) 전주지방법원 2021.01.26 2020가단15395
손해배상(기)
Text

1. As to KRW 115,400,000 and KRW 20,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 30,00,000 from February 9, 2015.

Reasons

1. Facts of recognition;

A. On February 9, 2015, the Defendant agreed to cancel the right to collateral security and superficies, which was completed on February 5, 2015 when the ownership transfer registration was completed after arranging the housing site development and complex, with approximately KRW 300,000,000 (the down payment of KRW 20,000,000,000 and KRW 70,000,000), among the two parcels, from the previous North Korean Office C and seven parcels, to the Plaintiff.

B. On November 2, 2015, after completion of the division of housing site development and complex, the Plaintiff entered into a sales contract with the Defendant for the price of KRW 95.4 million (hereinafter “instant sales contract”) with respect to KRW 637 square meters and E forest land 431 square meters (hereinafter “instant real estate”) prior to D prior to the completion of the division, and entered into a sales contract with the Defendant as the basis for compensation for damages upon cancellation of the contract due to nonperformance of the obligation.

(c)

The Plaintiff paid the Defendant the sum of KRW 95,40,000,000,000 as the price for the instant sales contract on February 9, 2015, KRW 30,000 out of the remainder on March 11, 2015, KRW 20,000 out of the remainder on September 22, 2015, and KRW 25,40,000,000 in total on September 2, 2015.

(d)

On February 5, 2016, the Defendant completed the registration of creation of the right to collateral security and the registration of creation of superficies with the maximum amount of KRW 734.5 million after cancelling all existing right to collateral security and superficies which have been completed on the instant real estate.

E. The Plaintiff did not perform its obligation to register the transfer of ownership of the instant real estate (including the cancellation of superficies on February 5, 2016). The Plaintiff notified the Defendant of the cancellation of the instant sales contract by serving a duplicate of the instant complaint (Do Month: June 23, 2020) (No dispute over the grounds for recognition)

2. As long as the Defendant did not perform its duty to register the transfer of ownership of the instant real estate even after receiving the payment of the purchase price from the Plaintiff in full, the instant sales contract was lawfully rescinded due to the Defendant’s fault.

As a result of the cancellation of the instant sales contract, the purchase price received by the Defendant must be returned, and the above amount should be returned.

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