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(영문) 수원지방법원 2018.04.26 2017나7511

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

1. The buyer shall separately settle accounts for the costs of civil engineering works (design, measurement, all construction works, etc.) at the seller and pay the actual cost to the seller;

2. The purchaser shall separately settle accounts for all the construction expenses, such as the tax costs incurred by the Corporation and the expenses incurred by the government offices;

3.The road portion will be paid to the seller in the future in 60,000 as near as the number of pages.

(a) make a prior settlement of the price in connection with the project.

On June 17, 2004, the Plaintiffs entered into a contract with the Defendant to purchase KRW 1,653 square meters each of KRW 30,00,000,00 among the 19,746 square meters (hereinafter “instant land before the instant partition”), including the following special terms and conditions, from the Defendant, for each of the KRW 1,653 square meters (hereinafter “instant contract”). On the same day deposit, the Defendant paid each of KRW 5 million as the down payment, and paid each of the remaining amounts of KRW 25,00,000,000 as the remainder on the same day, but the transfer registration was not completed.

B. After that, on March 9, 2006, the part purchased by Plaintiff A among the land before the instant partition was divided into F 1,494 square meters, and the part purchased by Plaintiff B into G 1,502 square meters, respectively.

(hereinafter referred to as “each of the instant lands,” and individually, “F land” and “G land” (hereinafter referred to as “each of the instant lands”).

The Plaintiffs delegated the Defendant to sell each of the instant land, and on August 10, 201, the Defendant sold to E the share of KRW 267.5/2140 (hereinafter “instant road share”) of F land and L 2,140 square meters prior to L, to E, KRW 80,00,000, and KRW 81,000,00 of G land and the instant road share to M, respectively.

[This case’s road shares are calculated as the price per square meter of each of the above lands, including the instant road shares, and the purchase price has been determined. As such, F Only F land’s purchase price is KRW 67,851,263 [=1494/(1494.5) x 80,000,000, and less than KRW 267.5]

(D) The purchase price of G land shall be KRW 68,755,015 [=1502/(1502.5) x 81,000,000].

However, the defendant's land of this case to the plaintiffs.