(영문) 대전지방법원 2019.01.23 2018가합102281

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(영문) 대전지방법원 2019.01.23 2018가합102281

건물명도(인도)

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1. The Defendants deliver each real estate listed in the separate sheet to each Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The sales price shall be paid as follows. The sales price shall be 3.12 billion won: the intermediate payment of KRW 150 million (payment at the time of a contract): The remainder of KRW 300 million (payment on October 23, 2017): 1.126 billion (payment on November 15, 2017): The seller shall be liable for the double payment of the down payment until the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6) In the event of default under this Agreement, either party to a contract may demand in writing the other party who has defaulted his/her obligation to perform the obligation, and cancel the contract if the other party has failed to perform the obligation. In such cases, the seller and the buyer may claim damages against the other party, respectively, and the criteria prescribed in Article 5 shall apply unless otherwise agreed on the damages. A. The Defendants are each real estate listed in the separate sheet (hereinafter “instant real estate”) between the Plaintiff and the Plaintiff on October 11, 2017.

(3) The amount of the purchase price shall be KRW 3.12 million with respect to the secured debt of KRW 1.544 billion with respect to the secured debt of KRW 1.54 billion with respect to the real estate in this case (hereinafter “security debt in this case”).

(2) The Defendants are exempt from liability and the Defendants are obliged to pay to the Plaintiff KRW 1.576 million, excluding the aforementioned secured debt, in the sales amount (hereinafter “instant sales contract”).

AB concluded the agreement.

Specific details are as follows:

B. The Defendants paid a total of KRW 1.577 billion to the Plaintiff by November 15, 2017.

C. On November 1, 2017, the Defendants concluded a contract between the Plaintiff and the Plaintiff on the transfer and acquisition of the instant real estate business, and registered their business as a business operator and the location of the instant real estate on November 15, 2017.

유사 판례

-대전지방법원 2019.02.20 2018가합101936

-대전지방법원 2018.06.15 2016가단223996

-서울서부지방법원 2016.06.15 2015가합35164

-서울동부지방법원 2015.12.23 2014가합110950

-서울중앙지방법원 2018.03.20 2017가단35470