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(영문) 서울남부지방법원 2016.11.17 2016가합104679

약정금

Text

1. The defendant shall pay to the plaintiffs the amount of money stated in the annexed sheet "amount of money" and KRW 2,000,000 among them.

Reasons

Basic Facts

On December 26, 2006, from around September 4, 2007 to around September 4, 2007, the Defendant entered into a land purchase agreement with the Plaintiffs, the owner of each land listed in the separate sheet “land acquired through consultation” (hereinafter “each land of this case”) under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), and paid the purchase price by evaluating the classification of each land recorded in the public register.

In the instant contract, “A and B may claim to the other party for an excessive or deficient amount, and both A and B shall immediately pay or return the amount claimed by the other party when the sale price has been set excessively or insufficiently due to an intentional fault, error, appraisal, etc.” (Article 4(3)).

Each appraisal report prepared around December 2006 by the Central Korea Korea Appraisal Corporation and Japan Appraisal Corporation (excluding Incheon Seo-gu J) stated that the current status of each of the instant lands (excluding Incheon Seo-gu J) is the same as the land category entered in the public register. On the other hand, the current status of each of the instant lands on May 1974 and May 2006 shall be the following and the current status of the land category and size in the public register on the land owner’s acquisition through consultation (land number) 1 A1, Incheon Seo-gu, Incheon 1, 2006, 1935, 1935, 498.58, 1953, 296, 297, 297, 297, 296, 364, 196, 296, 364, 365, 196, 196, 294, 196, 365, 46, 1975, 365, 36, 36, 1, 36, 1, 1,2, 4,2,2,2, Incheon