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(영문) 수원지방법원안산지원 2017.05.26 2016가단54186
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 140,00,000 and the interest rate of KRW 15% per annum from February 20, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 21, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the land C, D, E, and above-ground buildings (hereinafter “each of the instant real estate”) as follows (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 70,000,000 on the same day.

[Real estate sales contract] Under subparagraph 1 (Purpose), a seller and a buyer shall pay the sales price in accordance with an agreement as follows.

The purchase price: 640,000,000 won: 70,000,000 won shall be paid and received at the time of the contract. Any balance: 570,000,000 won shall be paid on April 15, 2015.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be April 15, 2015

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim the other party for the compensation for damage following the cancellation of contract, and the contract deposit shall be considered as the basis for the compensation for damage unless otherwise agreed.

B. At the time of the conclusion of the instant sales contract, the part of each of the instant real estate was registered for ownership transfer under the name of the Defendant, but the land portion was registered for ownership transfer under the name of the deceased Defendant F, and the Plaintiff and the Defendant concluded a special agreement with the following terms and conditions as follows.

[Attachment Form 3 Special Agreement on Contracts for the Sale of Real Estate] The land of this real estate is owned by F, and the registration of inheritance is made in the name of the defendant or a third party among the inheritors.

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