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Reasons
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(영문) 대전지방법원 2017.11.02 2016가단13656
손해배상(기)
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1. On October 31, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 107,418,00 and KRW 100,000 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Seo-gu Daejeon Special Metropolitan City building of 1,359 square meters and above ground (hereinafter “the instant real estate”) and the Defendant is a company that engages in the business of constructing housing, selling and leasing real estate.

B. On October 2015, the Plaintiff and the Defendant concluded a contract with the Plaintiff to purchase the instant real estate from the Plaintiff and to construct a new building (hereinafter “instant contract”). The Defendant paid the Plaintiff, as down payment, KRW 50 million on September 18, 2015, KRW 50 million, and KRW 100 million on October 30, 2015.

C. On December 31, 2015, the Plaintiff and the Defendant drafted a sales contract for the instant real estate, and the details of the contract are as follows.

The owner (seller) Plaintiff and the project operator (Buyer) Defendant concluded a sales contract as follows, and implement it in good faith.

Article 1 (Purpose and Method of Business) (1) The plaintiff and the defendant are aware that the purpose of the sales contract is to remove all the land buildings of this case and to conclude this contract for the purpose of securing new building sites on the ground.

② This contract is based on the premise that the Defendant will complete the new construction project by purchasing the entire project site.

Article 2 (Sales Price and Method of Payment) (1) The sale price for the instant real estate shall be KRW 2.45 billion.

② The Defendant shall pay the purchase price to the Plaintiff as follows:

(Contract Deposit KRW 100,000,000). On September 18, 2015, 2015, a down payment of KRW 100,000,000 (50,000,000) was made. On October 30, 2015, the remainder of the intermediate payment of KRW 2.35,50,000,000,000 (2.45,000,000,000) was paid. ① The Plaintiff shall deliver all necessary documents to the Defendant necessary for the registration of ownership transfer before the next day when the PF occurs, and shall complete all necessary measures related to the delivery of real estate and the transfer of ownership.

③ In the event that the above paragraph 2 is not implemented, the Defendant shall notify the Plaintiff.

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