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(영문) 대전지방법원서산지원 2019.05.30 2018가합51074

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 300,342,222 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 17, 2016, the Plaintiff sold the purchase price of KRW 5507 square meters to the Defendant for KRW 750,000,000,000,000,000 for KRW 750,000,000,000 on the date of the contract, and the remainder of KRW 675,000,000,000,000 was paid as the down payment on October 27, 2016 (hereinafter “instant sales contract”). The Defendant paid KRW 75,00 to the Plaintiff on the same day as the down payment.

B. The main contents relating to the instant sales contract are as follows.

Matters of special agreement

1. The seller recognizes D on behalf of the buyer.

2. The conditions for establishing access roads owned by a seller shall be considered;

3. The balance after public works, file works and reclamation works shall be settled prior to any balance; and

4. A seller shall grant a written consent to land use necessary for authorization and permission to work C;

5. Matters related to illegal acts in the course of civil works shall be the buyer's responsibility.

6. When a seller and the buyer (agent) reach a balance on the date of the balance, they and their agents shall waive the payment of the balance and shall not raise a civil or criminal objection to the seller;

Section 6. In the event of the seller's breach of contract, the seller shall compensate for the amount of the down payment with the penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the breach.

Where a seller or a purchaser has suffered any loss due to the other party's non-performance of obligation, he/she may claim damages from the other party, separate from the penalty.

C. Since then, on April 3, 2017, the size of 5,507 square meters in Chungcheongnam-gun, Chungcheongnam-do was divided into each real estate listed in the separate sheet (hereinafter “each land of this case”). D.

Around September 2016, the Plaintiff issued a written consent to land use to the Defendant and delivered each of the instant lands to the Defendant. If the Defendant did not pay any balance by October 27, 2016, which is the remainder payment date, to the Defendant until March 30, 2017, the remainder is not paid to the Defendant by April 15, 2017.