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(영문) 서울동부지방법원 2015.01.16 2013가단9193
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 5, 2012, the Plaintiff purchased from the Defendant for KRW 72 million a total of 4 households (referring to the part of the building without a site right; hereinafter referred to as “each of the instant lending units”) in the aggregate of 2, 3, 4, and 4th floor units of Incheon-gun, Incheon-gun, and 4th apartment houses (hereinafter referred to as “instant E-Ba”) on the fourth floor (hereinafter referred to as “instant E-Ba”), and completed the registration of ownership transfer for each of the instant lending units on April 6, 2012.

B. Article 4 of the sales contract of this case entered into between the Plaintiff and the Defendant provides, “The seller shall pay the debts and taxes and public charges related to the above real estate as of the date of the payment of the balance,” and Article 9 added to the lower end by mutual agreement with the Plaintiff and the Defendant, which read, “if the security deposit received by the seller occurs, the seller shall be liable for and settled by the seller.”

C. On May 2, 2012, F completed the registration of a housing lease on August 19, 2002 with respect to subparagraph 2 of the third floor among the loans in this case, which was KRW 35 million, the lease contract date, August 19, 2002, the resident registration date, August 19, 2002, the possessor’s commencement date, October 11, 2002, the fixed date of February 14, 2003. G completed the registration of a housing lease on each of the loans in this case, KRW 20 million with respect to subparagraph 3 of the fourth floor, and G completed the registration of a housing lease on February 14, 2004, the lease date, the resident registration date, February 17, 2004, the resident registration date, February 14, 2004, and the fixed date of February 25, 2004.

On the other hand, with respect to each of the instant loans, the registration of ownership transfer in the H’s name was completed on May 19, 2004 due to the entrustment of the provisional disposition registration, and on May 18, 2002, the registration of ownership transfer in the I’s name was completed on August 17, 2009, and thereafter the registration of ownership transfer in the Defendant’s name was completed on September 2, 201 when the registration of ownership transfer was completed on October 11, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Eul evidence 3 and 4, and the purport of the whole pleadings.

2. The Parties’ assertion.

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