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(영문) 서울고등법원 2018.01.11 2016나2079169
손해배상
Text

1. In accordance with the claim of exchange change in this court, the Defendants each of the KRW 210,000,000 and the Defendants’ respective of them.

Reasons

1. Basic facts

A. The registration of transfer of ownership in the name of D, which was based on sale on October 15, 2004, and the registration of transfer of ownership in the name of E (the name prior to the Plaintiff’s opening name) on November 15, 2004, was completed in order on November 15, 2004 with respect to the land of this case (hereinafter “instant land”).

B. On January 9, 2012, the Plaintiff entered into a sales contract with the Defendant for the instant land (hereinafter “instant sales contract”). The main contents are as follows.

The purchase price: 260 million won: 50 million won; the balance of payments under a contract: 210 million won; and 200 million won; and July 30, 2012. [Transfer of Ownership] Article 2 of the payment of the purchase price: The seller shall receive the balance of the purchase price; at the same time, deliver all documents necessary for the registration of transfer of ownership; and deliver the instant land.

Special agreement - The remainder of the sale is the remainder of the sale contract in G apartment (former name is H apartment) 101 Dong 501 (hereinafter “the apartment of this case”) located on the land other than F in Sungsung-si and four lots.

-The reported amount of purchase price shall be reported as the officially announced value.

C. On January 9, 2012, the Plaintiff and Defendant B drafted a written confirmation of the following contents (hereinafter “instant confirmation”), and on January 9, 2012, the Plaintiff issued to the Plaintiff a deposit receipt (i.e., a complete payment certificate; hereinafter “pre-payment certificate”) stating that the sales contract and the remainder of the sales price of the instant apartment was fully paid.

In concluding a sales contract for the land of this case (the sale price of KRW 260 million) by the Plaintiff and Defendant B, the Plaintiff and the buyer’s agent of the seller D, shall borrow 120 million won as security and preferentially pay 50 million won as the sales contract deposit, and the remainder payment shall be paid not later than the end of July.

For the implementation of this undertaking, the work is now underway and is at the end of July 2012.

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