beta
(영문) 서울중앙지방법원 2016.04.15 2015가합505279

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a company that engages in real estate development business, etc., and Defendant B is each owner of 4,065 square meters of forests and fields with a wife population D., Defendant C is the former 473 square meters, F 479 square meters, G road 270 square meters, H road 178 square meters (hereinafter collectively referred to as “each of the instant real estate”).

Article 3 (Sale Price) of the Conclusion of Sales Contract for each of the instant lands

1. The sales price of each real estate of this case is as follows.

- Land price: 3,850,000,000 - Contract deposit (10%) : 385,000,000 won - Balance (90%) 3,465,00,000 won

3. Method of payment: The down payment shall be paid on the date of concluding the contract, and any balance shall be paid within 210 days from the date of

(Provided, That if authorization or permission is completed prior to the arrival of the payment period, it shall be paid within 30 days from the final date of authorization or permission, and if the period of authorization or permission is extended due to civil petitions, the period shall be extended through mutual consultation). Article 4 (Acquisition of Authorization or Permission, Approval for Land Use, etc.

1. The Defendants, upon entering into a sales contract, provide the Plaintiff with all documents, such as written consent to land use necessary for the Plaintiff to promote the authorization and permission of the objective business, along with a certificate of personal seal impression, and cooperate to the maximum extent possible with the Plaintiff

In addition, the defendants should not interfere with the plaintiff's acquisition of new business license by cancelling the authorization obtained in the existing site.

Article 10 (Cancellation and Termination of Contracts)

1. The authorization or permission of the instant project is proceeding under the Plaintiff’s responsibility, and a written consent for use provided by the Defendants becomes null and void when the competent administrative agency receives a decision that authorization or permission is not granted

2. The purpose of this contract is to promote the entire project of this case, so the Defendants cannot terminate this contract unilaterally.

When the plaintiff violates this contract, the defendants shall set the period of two weeks and correct it to the plaintiff.