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(영문) 서울고등법원 2015.07.17 2014나2033015
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A, which constitutes the money ordering payment below, shall be revoked.

Reasons

1. Facts of recognition;

A. At the time of October 15, 2013, E Apartment-dong 4803 (hereinafter “instant real estate”) located in Gwangjin-gu Seoul Special Metropolitan City as of October 15, 201, the Plaintiffs shared 1/2 shares, respectively, and each of the following registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed:

The registration of creation of a neighboring mortgage: The registration of creation of a mortgage on March 20, 2007, No. 1, 2007, the New Bank of Korea, the debtor A, the maximum debt amount of 810,000,000 won, and the registration of creation of a mortgage on March 20, 2007: The debtor, the debtor, the debtor, the creditor, the creditor, the debtor, the maximum debt amount of 130,000,000 won: Pusung Mutual Savings Bank, the debtor, the debtor, the maximum debt amount of 104,00

B. On October 15, 2013, under the brokerage of the F Licensed Real Estate Agent Office (hereinafter “instant Licensed Real Estate Agent Office”), the Plaintiffs entered into a sales contract with the Defendant to sell the instant real estate amounting to KRW 1,300,000 (hereinafter “instant sales contract”). Of the terms and conditions stated in the instant sales contract, the part relating to the instant case is as follows.

Article 1 The defendant shall pay KRW 1,300,000 as follows.

The down payment of KRW 130,000,000 shall be paid at the time of the contract.

An intermediate payment of KRW 500,000,000 shall be paid in October 28, 2013.

Any balance of 670,000,000 won shall be paid on December 2, 2013.

Article 2 Upon receiving any balance of the purchase price from the Defendant, the Plaintiffs shall deliver all documents necessary for the registration of transfer of ownership to the Defendant and cooperate with the registration of transfer, and deliver the instant real estate on December 2, 2013.

Article 3 Where there is a ground to restrict the exercise of ownership, such as mortgage, superficies, and chonsegwon established on the instant real estate or there is an unpaid amount of taxes and other charges, the Plaintiffs shall remove the defects and burdens of the said rights by the date of the payment of the balance.

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