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(영문) 서울고등법원 2016.06.03 2015나2051621
지연손해금
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. The reasons for the court's explanation concerning this case are as follows: "(a) of the first instance court's 14 and 15 "(hereinafter "(hereinafter "the "the contract of this case")" is as "the sales contract of this case(hereinafter "the contract of this case," "the contract of this case's 180,300,800 won" of the fifth and the sixth fourth of each state as "180,300,000 won" of the fifth and the fourth of each part; (b) the court of this case's 6th and seventh of each subparagraph as "the court of first instance"; and (c) the court of this case's 8th of each subparagraph as "the court of first instance" of this case's 14 of each subparagraph as "the court of first instance"; and (d) the court of first instance added the following judgments at the court of first instance as "the court of first instance," and (d) thereby cite them as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. Even if the result of each fact-finding conducted by the court of the first instance upon the application of the plaintiffs as to the defendant's causes attributable to the defendant, it is difficult to see that the time of use of the land of this case was delayed due to the defendant's causes attributable to the defendant, and there are no other materials to recognize it.

B. The purport of Article 5(2)1, 2, 4, and 5 of the sales contract of this case in the cited part is as follows: (a) construction of infrastructure of the State or local governments, such as roads and water supply, or excavation of cultural properties, or consultation with relevant ministries and agencies, are essential in the process of a development project of a large-scale housing site development project, such as this case; (b) such construction, excavation, consultation, etc. are delayed; (c) the planning or policy of the State or local government is modified; or (d) the timing of land use is likely to be delayed due to any cause not attributable to the defendant due to any cause corresponding to such delay. In principle, the timing of land use is likely to be delayed due to a cause not attributable to the defendant.

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