(영문) 서울서부지방법원 2015.09.16 2014가단37654

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(영문) 서울서부지방법원 2015.09.16 2014가단37654

손해배상(기)

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1. As to the Plaintiff KRW 29,550,00 and KRW 19,550,00 among them, the Defendant shall pay to the Plaintiff KRW 10,00,000 from April 2, 2014.

Reasons

1. Facts of recognition;

A. On March 15, 2014, the Plaintiff and the Defendant-owned purchased D Apartment 103 Dong 204 (hereinafter “instant real estate”) from the purchase price of KRW 417,00,000,000, the Plaintiff concluded a sales contract with the Defendant to pay KRW 23,000 for the intermediate payment of KRW 10,000 on May 2, 2014, and the remainder of KRW 384,000,00 for each payment on May 16, 2014 (hereinafter “instant sales contract”).

In the instant sales contract, “(i) The remainder date may be adjusted according to the date of the director of the tenant(E) (hereinafter “special agreement on the remainder date”); and(ii) the contractual party may rescind the other party’s non-performance of obligation; and the amount of damages therefrom shall be the amount equivalent to the down payment (hereinafter “special agreement on the expected compensation for damages”).

(F) In concluding and implementing the instant sales contract on behalf of the Plaintiff, F was replaced by the Plaintiff.

As the down payment of the instant sales contract, the Plaintiff paid KRW 3,00,000,000 to the Defendant on March 15, 2014, and KRW 20,000,00 on April 1, 2014, and paid KRW 10,000,00 for intermediate payment on May 2, 2014.

C. On May 27, 2014, the Plaintiff sent to the Defendant a certificate of content proving that he/she delayed the duty to deliver the instant real estate, and sought a refund of the purchase price and compensation for damages, and the Defendant received it around that time.

The Defendant entered into a contract to sell the instant real estate to G and H around August 2014, and concluded a provisional registration of the right to claim ownership transfer registration in their names.

E. As a duplicate of the instant complaint, the Plaintiff expressed its intent to rescind the instant sales contract on the ground that the Defendant sold the instant real estate to another person and completed provisional registration, etc., thereby violating the instant sales contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the whole purport of pleading

2. The parties' assertion

A. The plaintiff's assertion of this case.

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