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(영문) 서울남부지방법원 2015.05.07 2014나9378
손해배상(기)
Text

1. In accordance with the claim changed from the party trial, the Defendant shall pay to the Plaintiff the amount of 135,457 square meters of C forest land in Seoul Special Metropolitan City on January 18, 2013.

Reasons

1. Facts of recognition;

A. On January 18, 2013, the Plaintiff, via D, entered into a sales contract with the Defendant on the purchase price of KRW 145,457 square meters for C forest land owned by the Defendant (hereinafter “instant real estate”) at KRW 145,00,000 (the contract price of KRW 20,000,000 shall be paid at the time of the contract, and the balance of KRW 125,000,000 shall be paid at the time of the contract, and the seller bears the transfer income tax for the purchase price (145,00,000) and the additional amount shall be borne by the buyer (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 20,00,000 on the same day.

B. Since then, upon the Plaintiff’s request, the Plaintiff and the Defendant agreed to pay the remainder at the original city where the instant real estate is located. The Defendant prepared documents necessary for filing an application for ownership transfer registration and demanded the Plaintiff to pay the remainder of the purchase and sale to the Plaintiff only or the Plaintiff at the Subdivision of the North Korean Won Won-dong, Taewon-dong, Taewon-dong, Seoul, around March 14, 2013, which is the outstanding payment date. However, the Plaintiff did not comply with the Defendant’s request while receiving the remainder of the purchase and sale by first delivering the documents necessary for filing an application for ownership transfer registration.

C. Accordingly, the defendant prepared for the remaining purchase and sale to the plaintiff, and went at the above branch of the window, and requested again the plaintiff to pay the remaining purchase and sale to the plaintiff at the above branch of the window on the same day in P.M., but the plaintiff did not comply with the request. The defendant thought that the plaintiff did not intend to perform the sales contract of this case, and returned to Seoul, which is a residential area.

On March 15, 2013, the following day after the remainder payment date, the Defendant sent to the Plaintiff a certificate of content that “this contract was already reversed as a result of the Plaintiff’s default.” On March 28, 2013, the instant sales contract was concluded with the knowledge that she had no intent to perform the contract, with the knowledge that she had no intention to return to the Plaintiff.

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