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(영문) 부산지방법원동부지원 2016.01.14 2015가단12514
매매대금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and KRW 20% per annum from June 5, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff entered into a real estate exchange contract with the Defendant, and the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s real estate under the name of the person designated by the Defendant, but the Defendant failed to perform its duty.

Therefore, the Defendant is obligated to compensate the Plaintiff for damages of KRW 100,000,000.

2. Determination

A. Facts of recognition 1) The Defendant is the Plaintiff on July 7, 2012 and the Plaintiff’s first floor No. 101 of the building D in Busan Dong-gu (hereinafter “Plaintiff-Exchange Real Estate”) to the Defendant.

(2) On December 9, 2013, the Defendant entered into an exchange contract with the Plaintiff to implement the procedure for ownership transfer registration as to the E-1, 201, and 202 of the Gwanak-gu Seoul Special Metropolitan City E-1, Busan Special Metropolitan City E-1, and thereafter, the Defendant entered into an agreement with the Plaintiff on December 9, 2013 (hereinafter “instant exchange contract”). On December 30, 2013, the Plaintiff and the Defendant agreed to revise the real estate that the Defendant is obligated to implement to the Plaintiff into to the Busan Special Metropolitan City E-1, 201, and 202 to the land in the Busan Special Metropolitan City and the G Office 303 (hereinafter “Defendant’s exchange real estate”) with the content that the Defendant’s obligation is to perform by December 30, 2013 (hereinafter “the instant exchange agreement”).

3) On August 14, 2012, according to the instant exchange contract, the Plaintiff completed the registration of ownership transfer with respect to each of the shares 1/2 of the Plaintiff’s exchanged real estate in the name of H and I designated by the Defendant. 4) The Defendant did not transfer the ownership of the Defendant’s exchanged real estate to the Plaintiff until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

B. According to the facts of recognition as above, the defendant is liable for compensating for the plaintiff's damage, since he did not perform his obligation under the exchange contract of this case.

As to this, the plaintiff and the defendant shall enter into a real estate exchange contract on March 3, 2014.

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