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(영문) 창원지방법원 2015.12.22 2015나5150
손해배상(기)
Text

1. Of the judgment of the court of first instance, as to KRW 10,720,00 against the Plaintiff and KRW 10,000 among them, the Plaintiff shall be subject to May 15, 2014.

Reasons

1. Facts of recognition;

A. On March 28, 2014, the Plaintiff purchased each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) in KRW 36,00,000,000, and paid the down payment of KRW 5,000 on the date of the contract, and the remainder of KRW 31,00,000,000 to be paid in April 30, 2014 (hereinafter “instant contract”), and paid the Defendant the down payment of KRW 5,00,000 to the Defendant.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Special Agreement - Sales Contracts under the present condition - Construction of a road by occupying a ditch at present, but the seller becomes liable when the problem arises.

(In addition, the entrance road shall be expanded) - In the event of a problem which is impossible to solve in connection with the road, this contract shall be terminated and the down payment shall be immediately refunded.

- When the contract is completed, the seller will complete the work of growing trees and the buyer agrees to the work of civil engineering and if the civil petition is filed by the seller, the seller will settle the dispute and pay the balance after the work is completed.

(Provided, That all of the construction costs shall be borne by the buyer).

The main contents of the instant contract are as follows.

C. On May 15, 2014, the Plaintiff notified the Defendant of the rescission that “the contract of this case is rescinded on the ground of the Defendant’s breach of the above special agreement,” and the Defendant received the notification of the rescission around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. Cancellation of the instant contract, entry of No. 1, witness B and C in the first instance court, and on-site inspection by the first instance court.

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