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(영문) 대구고등법원 2015.09.17 2015나20873

담장철거 등

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 September 21, 201, the Defendant entered into a sales contract with the Plaintiff to purchase three same-sex-ro 91-9 and 2,425.2 square meters from the Plaintiff for the same-sex-ro 91-9 and 130.9 square meters (the same-sex-ro 3 was 91-9 and 130.9 square meters; on October 17, 2011, the land which was combined with 1 parcel; hereinafter “instant land”) and the building on the same-sex-ro 91-27 and 26.8 square meters (hereinafter “each of the above land and buildings”) to purchase KRW 16 billion from the Plaintiff for the purchase price (hereinafter “the first sales contract”). The main contents of the sales contract are as follows.

(Evidence A 2 and 3). 【Main content of the First Sales Contract】 Article 2 (Sale Price, etc.) The sale price shall be paid in cash, and the method of payment shall be determined as follows:

2) The contract bond shall be KRW 500 million and the Defendant shall pay the remainder 15.5 billion to the Plaintiff at the time of entering into a contract. (3) The remainder 15.5 billion won (the purchase price of KRW 16.0 billion - the contract bond of KRW 500 million) shall be received from the PF lending method after the authorization, permission, and the selection of the contractor and shall be paid as the loan, and the time limit shall be March 21, 2012.

4) If there is an agreement between both parties on March 21, 2012 that any balance will not be paid by March 21, 2012, the due date for payment may be adjusted only once (hereinafter referred to as “pre-determined date adjustment clause”).

A) Article 3 (Registration of Ownership Transfer, etc.) of the Plaintiff shall, at the same time, deliver the instant land, etc. to the Defendant or his/her designated person, and deliver all the documents necessary for the registration of ownership transfer. Article 9 (where one of the parties to the newly established terms and conditions neglects the performance of the obligations stipulated in this Agreement, the other party shall set a grace period of one week and notify him/her of the performance of such obligations, and the one party notified of the performance of such obligations.