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(영문) 수원지방법원 2017.07.21 2016나8128

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 17, 2015, the Plaintiff concluded a sales contract with the Defendant to purchase each land owned by the Defendant (hereinafter “instant land”) at KRW 1222 million (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiff and the Defendant entered into a special agreement with the following terms (hereinafter “instant special agreement”).

Matters of special agreement

1. The land shall be contracted with the area on the public cadastral book, and shall be traded under the building permit for single houses;

2. The right to collateral security established as of the date of contract shall be succeeded to by the representative director of the purchaser; and

3. All goods loaded on this land shall be the warranty prior to the due date of any balance.

4. Construction and civil engineering shall run in the name of a seller;

5. Seller is responsible for the completion of civil works;

(shall not interfere with the completion of construction). 6. Construction completion shall be the buyer's responsibility.

7.The seller shall actively cooperate in proceeding with the foregoing and shall make a registration to the buyer after completion of the construction civil engineering works.

Provided, That the seller shall settle the interest on April 22, 2015, and the purchaser shall pay the interest interest accrued thereafter.

C. After the conclusion of the instant sales contract, the Plaintiff commenced construction work on the instant land on the ground and completed the construction work on July 31, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 to 3, Eul evidence 1, the purport of the whole pleadings

2. At the time of the instant sales contract for the Plaintiff’s assertion, the Defendant agreed to complete the civil engineering works of the instant land at the Defendant’s expense until June 30, 2015.

However, as the defendant did not implement the above agreement, the plaintiff became to perform civil engineering works on behalf of the defendant.

As a result, the Plaintiff suffered damages from the Defendant’s expenditure of civil engineering work costs, and the delay of civil engineering work did not obtain approval for the use of the houses newly built on the land of this case.