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(영문) 서울고등법원 2018.11.22 2018나2018472

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 6, 2009, the Plaintiff entered into a sales contract with the Defendant, the Co-Defendant B, and C (hereinafter referred to as the “Defendant, etc.,” referring to the Defendant, Co-Defendant B, and C in the first instance trial, and the name thereof if necessary) and with respect to F block land substitution area of 1,835 square meters (hereinafter referred to as “the land prior to the instant replotting”) located within the project site of an urban development project in the Gam-si District E-si, Chungcheongnam-si, which is owned by the Plaintiff and owned by the Plaintiff within the project site of an urban development project in the Gam-si area (hereinafter referred to as “instant land prior to the instant replotting”), and its main contents are as follows.

(hereinafter referred to as “A” shall be KRW 2.8 billion for the purchase price of the above real estate under Article 1 (Sale Price) of the Plaintiff, “B,” etc.

Article 2 (Methods of Price Payment) (Methods of Price Payment) The sale price of the above real estate shall be paid to A under the following conditions:

- Contract deposit: 280 million won at the time of the contract - Any balance: Article 3 (Transfer of Ownership) (2.5 billion won by October 23, 2009)

1. A shall submit to B all documents necessary for the transfer of ownership of B while receiving any balance of the given real estate from B, and the land shall be transferred to B as site.

Article 4 (Tax and Public Charges)

1. Taxes, public charges and other charges on the sold real estate shall be borne by A prior to the registration of transfer of ownership, and thereafter borne by B; and

Article 5 (Cooperation in Business of A)

1. Where Party A requests the delivery of documents, etc. necessary for the progress of business for the authorization and permission of construction of Party B, Party A shall cooperate without fail in consultation with the MoD zone urban development project cooperative, which is the

2. A shall deliver without delay, upon request, documents necessary for the project of B.

Article 6 (Matters under Special Agreement)

2. All authorities (such as cash settlement, etc. due to reduction land substitution) other than the contract area from the Gado Zone Urban Development Project Association, which is an implementer, at the time of a disposition of replotting for an urban development project (the end of 2010) shall exist

3. B: A.