(영문) 서울중앙지방법원 2017.10.13 2016가합524932

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(영문) 서울중앙지방법원 2017.10.13 2016가합524932

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On October 2, 2014, the Plaintiff entered into the instant sales contract with the Defendant and concluded a sales contract with respect to the land and building (hereinafter “instant real estate”) outside 317-2 and five parcels of land (hereinafter “instant real estate”).

Article 1 (Terms and Conditions of Sale) (3) Where the defendant et al. has received a successful bid for the said subject matter in the public sale procedure with the estimated appraisal price (9.56 billion won), the defendant et al. shall obtain ownership of the subject matter of sale and transfer it to the plaintiff in accordance with the provisions of this sale contract.

(4) If the defendant, etc. fails to obtain a successful bid for the subject matter of sale at a price higher than the estimated appraisal of the subject matter of sale presented by the defendant or the defendant, etc., this sales contract shall automatically become void.

In this case, the defendant et al. and the plaintiff shall not be held liable to each other, and the defendant et al. shall jointly and severally refund the amount of KRW 956,00,000 that the defendant received from the plaintiff and the interest accrued during the custody within five business days from the date the defendant et al. became void.

In this case, if the defendant does not keep the money in a specific account for the purpose of keeping it, it shall bear the interest rate (the interest rate on common deposit in the city bank) in the event that the above funds are used in combination with other funds.

However, if the defendant, etc. has not received any interest separately from the financial institution on the ground that he directly keeps the above 956,00,000 won, there is no obligation to pay the interest.

Article 2 (Sale Price and Method of Payment) (1) The defendant, etc. shall sell to the plaintiff the subject matter of sale to KRW 95.6 billion (hereinafter referred to as "sale price").

② The Plaintiff shall pay the purchase price to the Defendant, etc. by the following methods:

However, 9.5.6 billion won is the sales contract that was concluded with the previous rehabilitation company.

유사 판례

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-춘천지방법원 2015.04.01 2014가단9796

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