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(영문) 수원지방법원 성남지원 2018.10.23 2018가합401560

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 2015, the Plaintiff Likado Co., Ltd. (hereinafter “Plaintiff Lido, regardless of whether it was before or after the alteration: E.S., Ltd.; hereinafter “the Plaintiff”) is the size of 1,273 square meters (hereinafter “the instant land”) before and after the Defendant’s ownership between the Defendant and the Defendant during the 1,273 square meters (around July 19, 2016, 201).

A) As to the instant land before the instant partition, the sales contract was concluded with respect to the following content (hereinafter “instant sales contract”) with respect to the area of 51 square meters and 548 square meters prior to the instant partition.

The purpose of this contract is to purchase the said subject matter and promote multi-family housing construction projects. The purpose of this contract is to purchase the said subject matter and promote multi-family housing construction projects.

Article 2 (Sales Price and Payment Terms) ① The sale price of land shall be the total amount of KRW 1.3 billion (the contract amount of KRW 130 million and the balance of KRW 1.17 billion) on the basis of the area entered on the public register.

Article 6 (Issuance of Written Consent to Land Use) (1) When paying down payment after the conclusion of this contract, the defendant shall issue to the plaintiff a written consent to land use and a certificate of seal impression for the purpose of authorization and permission necessary for the promotion of project.

In addition, when the plaintiff requests documents necessary for the land transaction permission procedure, the defendant will be the cooperation key.

② The Plaintiff shall use the above written consent for land use for authorization and permission, and the Plaintiff shall assume the civil or criminal liability when using it for other purposes.

Provided, That if any balance payment is not made, the above written consent to land use shall be null and void.

The defendant shall attach two copies of the written consent to the use of land for apartment houses and the certificate of personal seal impression respectively, but the plaintiff shall not use it for any purpose other than the original purpose, and where the balance is unpaid, it shall become null and void and shall be returned to the defendant immediately.

B. On April 8, 2016, the Plaintiff and the Defendant were to transfer the land before the instant partition, which was 59 square meters after the Plaintiff and the Defendant, to Jeonju-si.