logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.28 2015가단187285
손해배상
Text

1. The Defendant shall complete the payment of KRW 150,00,000 to the Plaintiff (Appointed Party) and the Appointed Party A as well as the full payment from February 18, 2016.

Reasons

1. Facts of recognition;

A. On April 29, 2015, the Plaintiff (Appointed Party) and the Defendant entered into a sales contract with the Plaintiff (Appointed Party) on the land outside B and 11 parcels owned by the Appointcheon-si, Chuncheon-si, and KRW 1.5 billion, in lieu of the payment of part of the purchase price by the Defendant paying the secured debt of the right to collateral security established on the said land up to May 30, 2015, the Defendant paid KRW 200 million out of the remainder of the purchase price on July 20, 2015, and paid the remainder of KRW 400 million on May 30, 2016. The registration of the right to claim ownership transfer was completed in the Defendant’s future on May 7, 2015.

B. In addition, on May 30, 2015, where the Defendant fails to cancel the registration of establishment of a neighboring mortgage by repaying the secured debt of the right to collateral security established on the said land by the time of May 30, 2015, the sales contract becomes null and void, and the Defendant agreed to immediately cancel the provisional registration and pay KRW

C. However, the Defendant did not perform the obligation to repay the obligation under the sales contract and pay the sales price, and the Plaintiff (Appointed Party) notified the performance thereof by means of content-certified mail, etc. on September 15, 2015, and notified the cancellation of the sales contract by means of content-certified mail, etc. on September 22, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to pay part of 150,00,000 won of the damages under the sales contract and damages for delay calculated at the rate of 15% per annum from February 18, 2016 to the date following the delivery date of the complaint of this case, which is the day of complete payment. Thus, the plaintiff (Appointed Party) and the Appointed Party A's claim of this case are accepted for all reasons.

arrow