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(영문) 대구고등법원 2018.03.29 2017나22798
대토보상 확인
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The defendant is a project implementer of the attached list C project (hereinafter "the project of this case"), and the plaintiff is the owner of the land of this case incorporated into the project.

B. On July 201, the Plaintiff received guidance from the Defendant on the system of receiving compensation for detached land or commercial land created by the Plaintiff as substitute land in lieu of the purchase price, and submitted an application for compensation for substitute land (No. 1-2) to the Defendant on July 29, 201, stating the type of substitute land as commercial land, around July 29, 201.

C. On August 201, the Defendant selected the Plaintiff as a person eligible for compensation by substitute land, and concluded the following contract for the purchase of the instant land with the Plaintiff (hereinafter “instant contract”).

In the latter part of Article 4(2)4 of the sales contract of this case, the following indications are written as follows: “(The compensation for substitute land may be purchased at the time of settlement of the balance) 90/100 no longer than August 11, 201.”

(hereinafter referred to as “the instant part”). A(Buyer). A(Buyer): submission of transfer of ownership documents and payment of the purchase price under Article 2 of the Gyeongbuk-do Development Corporation (Defendant) ③ Payment of the purchase price, KRW 32,798,000 shall be made in cash, and KRW 32,798,000 shall be made in bonds, and the remainder of KRW 32,798,000 shall be made in detached land and commercial land created in the C Project Area

Article 4 (1) Where a buyer is unable to pay all or part of land to a seller due to any cause or event prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as modification of the relevant project plan, he/she may pay

In such cases, the interest rate under Article 3 (2) shall apply from the date of cash payment to the date of cash payment under this paragraph in the purchase price under this contract.

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