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(영문) 광주지방법원 2015.11.25 2014가단47134
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 22, 2014, the Plaintiff (Buyer) and the Defendant (seller) entered into a sales contract for D 1021 (hereinafter “instant real estate”) located in Yongsan-gu, Busan-gu (hereinafter “instant sales contract”) and agreed as follows.

In the sale of the instant real estate under Article 1 of the Terms and Conditions of the Sales Contract, the buyer is to pay the purchase price as follows:

(1) The purchase price of KRW 190,000 (2) The down payment of KRW 15,000,000 shall be paid at the time of a contract and ③ Any balance of KRW 175,00,000 shall be paid on August 21, 2014.

Article 2 The seller shall receive the balance of the purchase price from the buyer, at the same time deliver all documents necessary for the registration of transfer of ownership to the buyer, and cooperate with the registration of transfer, and the delivery of the instant real estate to the end of August 21, 2014.

Article 3 The seller shall remove the defects, burdens, etc. of the rights to restrict the exercise of ownership, such as mortgages, superficies and chonsegwon, or all charges, public charges, etc., which are established on the real estate of this case, by the date of the balance payment and transfer full ownership

Provided, That this shall not apply to rights, charges, etc. agreed to succeed.

Article 6 If the seller or the purchaser has failed to perform the terms and conditions of this Agreement, the seller or the purchaser may demand the person who has failed to perform the contract and cancel the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

B. At the time of the date of the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 15,000,000.

C. The Plaintiff inspected the details of the transfer household regarding the instant real estate in order to obtain a loan from Samsung Life Insurance Co., Ltd. for the remainder of the instant sales contract, and as of August 11, 2014, the Defendant’s real estate E.

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