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(영문) 서울고등법원 2016.04.14 2015나2038628

약정금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff A, D, and B owned 1/5 shares, and the Plaintiff C owned 2/5 shares, respectively, with respect to the land of 1,101 square meters and 1,329 square meters prior to H in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and 545 square meters prior to K, respectively. (2) The Plaintiff E owned the land of 902 square meters prior to J in Kimpo-si and 545 square meters prior to K (hereinafter referred to as “L land,” and the total land of hereinafter referred to as “each of the instant land”).

B. The sales contract between the Plaintiffs and the Defendant G is 1) When referring to the Plaintiffs A, D, B, and C (hereinafter collectively referred to as “Plaintiff A, etc.”).

) On May 27, 2010, the Co-Defendant G in the first instance trial (hereinafter “G”) is limited to “G”).

(2) On May 27, 2010, Plaintiff E concluded a sales contract to sell H and I land in the amount of KRW 845 billion (hereinafter “each of the instant sales contracts”). On May 27, 2010, Plaintiff E concluded a sales contract to sell J and K land in the amount of KRW 462 million (hereinafter “each of the instant sales contracts”).

3) At the time of entering into each of the instant sales contracts, G refers to the agreement with the Plaintiffs on the title “matters of the special agreement regarding the performance of the contract” (hereinafter “instant agreement”).

1) The main contents of the land at this location were to be drawn up and drawn up, but its main contents were to be transferred to a third party (the other purchaser) after obtaining a building permit of class 1 (retailing stores) neighborhood life in the owner’s name.

2) The seller actively cooperates with all the procedures necessary for the buyer’s permission to merge, divide, and construct the land at his own expense. 3) The buyer is not liable to the seller for all the costs arising from the construction, civil engineering, design, and application for the permission necessary for the construction authorization (farmland diversion charges, resident tax, public bond.).

4) The seller does not raise any objection to the buyer’s sale of the land to a third party. The buyer should pay 10% of the down payment at the same time as the contract is concluded, obtain the building permit, and pay 30% of the intermediate payment within 10 days after receipt of the permit.