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(영문) 인천지방법원 부천지원 2018.11.28 2018가단106991

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from May 4, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant received a certificate of a building project report with a site area of 2061 square meters from the head of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 12496 square meters of C forest land (hereinafter “C land before subdivision”), as a right holder, and a right holder, as to C land before subdivision, from the head of Kimpo-si, Kimpo-si, on January 3, 2018.

B. On January 4, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 553 square meters of the land before subdivision of KRW 957,60,000 among the land before subdivision (hereinafter “the first contract”), and the content relating to the instant case are as follows.

Article IVSpecial Terms and Conditions

5. According to the present sales contract, the seller gives positive consent to the issuance of the buyer's permission for development activities and to the financing of the buyer (the buyer's share of the cost of civil works and permission).7. C's design cost for E and F (the cost of permission) is the seller's share, and the person who has obtained permission for development activities from the defendant to the plaintiff within the prompt time.

8. C's design and cost of G shall be borne by the buyer, and the change of the person concerned with the development activities shall be changed from the defendant to the plaintiff.

C. According to the instant first contract, the Plaintiff paid the down payment of KRW 50 million to the Defendant, including KRW 35 million around January 5, 2018, and KRW 15 million on the 23th of the same month. D.

Then, the Plaintiff and the Defendant, on February 7, 2018, concluded a contract with the Defendant to purchase 2061 square meters of land in C before subdivision from the Defendant in installments, instead of the instant first contract, the Plaintiff appears to have concluded a contract with the Defendant to purchase 2061 square meters of land before subdivision.

In addition, a sales contract was concluded to purchase KRW 845,200,000 of the price of KRW 299 square meters among H 6744 square meters of forests and fields (hereinafter “the instant secondary contract”), and the contract deposit of the instant primary contract was to be substituted by the contract deposit of the instant secondary contract. Of which, the content relating to the instant case is as follows:

Article 3 Contents of Contract

4. If the seller or the purchaser has defaulted on the terms and conditions of this contract, the other party shall be a person who has defaulted.