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(영문) 서울고등법원 2015.06.04 2014나26066

매매잔대금

Text

1. The judgment of the court of first instance is modified as follows.

The following part of the Plaintiff’s lawsuit in this case is dismissed.

1...

Reasons

1. Basic facts

A. A. Around June 15, 2012 following the conclusion of the sales contract, H around June 15, 2012, around the Plaintiff’s actual operator G, intended to invite investors and purchase the said land upon receiving a proposal from the Plaintiff’s actual operator G, with a view to purchasing the said land, on the land of 2,933 square meters of forest land and 367 square meters of forest land and 367 square meters of the said JJ (hereinafter “pre-division”) and on the land of 2,93 square meters of forest land and 367 square meters of forest land.

B. (1) On July 13, 2012, G on the land and its ground before subdivision, on behalf of the seller, and H drafted the following sales contract (Evidence A 1) on behalf of the buyer (However, H signed and sealed by the broker as the representative of the licensed real estate agent office of the World Real Estate Agent.

The sales contract entered into as above (hereinafter “instant sales contract”).

- Seller: (A) - The seller: (The State A and F - the buyer: the purchase price of KRW 2.6 billion - the down payment of KRW 70 million: the down payment shall be paid on the date of the contract; the intermediate payment of KRW 190 million shall be paid on July 23, 2012; and the balance of KRW 2.34 billion shall be paid on October 31, 2012.

-special agreement

1. The remaining date of the above balance shall be the remainder date of the following day from the date on which the authorization or permission is completed;

However) If a person becomes aware of a permit, he/she will cancel without penalty. 3.3. After completing the permit, he/she appears to refer to Defendant D, which is specified as a buyer, in light of the change contract under the buyer’s below. The seller shall actively cooperate with the seller so that he/she can transfer his/her ownership to a third party designated by the broker. 2) On July 23, 2012, G and H will add one purchaser to “D outside four persons” and then waive part of the buyer’s purchase by delaying land division and construction permit, etc. < Amended by Act No. 11373, Jul. 23, 2012>