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(영문) 수원지방법원성남지원 2015.08.21 2015가합683
손해배상(기)
Text

1. The defendant shall pay 50,000,000 won to each of the plaintiffs and 20% per annum from August 22, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On February 19, 2013, D entered into a sales contract with respect to E, which is the Defendant’s husband, and the non-party F of the Gangwon-do Crossing-gun, and six parcels (hereinafter “instant land”), 1.275 million won (in the case of a contract payment of KRW 127.5 million, intermediate payment of KRW 22.5 million, the remainder 1.125 million, and the remainder of KRW 1.155 million, the down payment and intermediate payment of KRW 450 million shall be paid on March 18, 2013) and paid on February 28, 2013 (the title of the registration was transferred, while handling down payment and intermediate payment through bank rights, E succeeds to loans, and the details of the sales contract were changed to be paid at the time of transfer by a certified judicial scrivener prior to the seizure of national taxes and local taxes due to default, and the details of the remainder shall be paid at KRW 8.35 billion,503 billion.

(hereinafter referred to as “instant sales contract”). B.

E completed the registration of ownership transfer on the instant land on March 6, 2013, and agreed to obtain a loan under the name of the Defendant in order to prepare the land price.

C. On March 14, 2013, the Defendant borrowed KRW 600 million from a Crossing Livestock Cooperative (hereinafter “Crossing Livestock Cooperative”). On the same day, the Defendant granted the Crossing Livestock Cooperative a registration of the establishment of a neighboring mortgage (hereinafter “the instant mortgage”) with the maximum debt amount of KRW 780 million and the debtor’s Defendant for the establishment of a mortgage (hereinafter “the instant mortgage”).

E sent a total of KRW 500 million, including KRW 100 million, to D on March 14, 2013, and paid a balance of KRW 7750 million and did not pay only the remainder of KRW 77,500,00. D notified E of the termination of the instant sales contract on September 11, 2013.

E. D filed a claim for the cancellation of the ownership transfer registration of the instant land with the Chuncheon District Court Decision 2013Gadan8747, and the said court on January 14, 2014, “E shall pay to D the purchase and sale remaining amount (including delay damages) of the instant land, KRW 845 billion, up to July 31, 2014. E is the same.

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