(영문) 의정부지방법원 2017.02.07 2016가단115395

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(영문) 의정부지방법원 2017.02.07 2016가단115395

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 34 million and the interest rate of KRW 15% per annum from July 26, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 7, 2015, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) with the content that the Plaintiff shall pay KRW 250 million on the date of the contract, the down payment, KRW 14 million on December 10, 2015, the intermediate payment, KRW 118 million on December 16, 2015, and the remainder payment was to pay KRW 15 million on December 16, 2015 (hereinafter “instant sales contract”). However, the Plaintiff did not separately set the payment date for the remainder of KRW 15 million.

B. The main contents of the instant sales contract are as follows.

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

C. The Plaintiff paid each of the Defendant KRW 3 million on December 7, 2015, and KRW 14 million on December 10, 2015, respectively, according to the instant sales contract.

However, the Defendant sold each of the instant real estate to D on March 20, 2016, and completed the registration of ownership transfer in the name of D on May 4, 2016.

E. On May 31, 2016, the Plaintiff’s agent E and F sent to the Defendant a content-certified mail to the effect that “The Defendant completed the registration of ownership transfer for each of the instant real estate following the instant sales contract, as the Defendant had sold the instant real estate to another person and completed the registration of ownership transfer, so the Defendant’s obligation to register ownership transfer for each of the instant real estate was impossible,” and the content-certified mail was served to the Defendant around that time.

[Ground of recognition] Unsatisfy, A(1) through (3)

유사 판례

-창원지방법원 2017.05.23 2016나5614

-대구지방법원 2014.07.17 2013가합3495

-춘천지방법원 원주지원 2017.02.15 2016가단30585

-대구지방법원 2015.06.26 2014나17358

-창원지방법원밀양지원 2015.08.21 2014가합795