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(영문) 수원지방법원성남지원 2016.02.16 2015가합2528
손해배상(기)
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Facts of recognition;

A. On November 27, 2014, the Plaintiffs entered into a sales contract with the Defendant to purchase KRW 2.764 billion (the contract amounting to KRW 2.5 billion on the date of the contract, and the remainder KRW 2.564 billion on March 12, 2015 shall be paid simultaneously with the receipt of documents necessary for the registration of the transfer of ownership) (hereinafter referred to as “instant sales contract,” and the part of the Defendant’s share in the instant land was “land subject to the instant transaction”).

B. The instant land was jointly owned by the Defendant and F, and the Plaintiff Company A (hereinafter “Plaintiff Company”) concluded the instant sales contract in order to promote the business of constructing and selling a primary complex building in the single unit of the instant land, and the F Shares were also planned to purchase.

C. Meanwhile, Defendant and F provided the instant land as a joint collateral upon receiving a loan of KRW 3.21 billion from the old Agricultural Cooperative as a loan obligor from the old Agricultural Cooperative.

Accordingly, on August 11, 2011, the establishment registration of the collateral security (hereinafter “mortgage”) was completed on the instant land by the debtor F and the maximum debt amount of KRW 4.16 million, and the establishment registration of the collateral security (hereinafter “mortgage”).

However, among the above loan debt amounting to KRW 3.21 billion, the defendant used the above loan debt amounting to KRW 1.34 billion, and the defendant bears interest on the above loan amount.

Article 3 of the instant sales contract provides, “The delivery of the land subject to the sale of this case shall be March 5, 2015,” Article 4 provides, “The seller shall pay the debts and taxes and public charges related to the land subject to the sale as of the remainder payment date,” Article 6 of the said contract provides, “In the event of a seller’s breach of contract, he/she shall reimburse the down payment and the buyer shall not claim the return of the down payment if he/she has waived the down payment and the down payment is not claimed.”

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