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(영문) 부산지방법원 2017.06.08 2015가단77225
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 19,159,571 and the interest rate of KRW 15% per annum from November 18, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on May 13, 201 with respect to the five-story of the 10th floor of reinforced concrete structure C in the Jeoncheon-si, Jeoncheon-si on May 13, 201, among the 10th floor of the 10th floor of the 10th floor.

B. On October 10, 201, the Plaintiff entered into the instant sales contract with the Defendant (hereinafter “instant sales contract”).

The contents are as follows:

[The contents of the instant sales contract (an extract) purchase price: 120,000,000 won: 12,000,000 won for the down payment to the seller at the same time as the contract is concluded, and the balance received: 108,00,000 won is paid on October 14, 201.

[Matters of Special Agreement]

A. The payment method of KRW 30,000,000 for the remaining balance is to pay in cash on the balance date, and to accept KRW 78,000,000 for the first-class collateral security (creditors) established on the said real estate.

(b) The purchaser shall bear the part of interest accrued until the purchaser transfers the right to collateral security;

C. At the time, the establishment registration of a neighboring building (No. 9, the Plaintiff, the mortgagee, the mortgagee of the right to collateral security, the net mining and livestock cooperative, the contract concluded on May 13, 201, the maximum debt amount of KRW 101,40,00, and the date of receipt; hereinafter “instant establishment registration of a neighboring building”) was completed at the same time. At the same time, the Plaintiff and the Defendant concluded a separate special agreement with regard to the cancellation of the establishment registration of a neighboring building (hereinafter “instant special agreement”).

[The contents of the instant special agreement (explosion) purchaser (the defendant; hereinafter the same shall apply) agreed to pay 78,00,000 won out of 120,000,000 won to the seller (the plaintiff; hereinafter the same shall apply) for the purchase of the instant building within six months after acquiring the ownership registration of the instant neighboring building, and the interest, etc. accrued among them agreed to be borne by the buyer.

Therefore, 6 months after the acquisition of ownership.

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