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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 October 26, 2012, the Plaintiff entered into the instant sales contract with approximately 910 square meters of two lots of land among the electric source housing sites developed by the Defendant (hereinafter “instant land sales contract”) as follows: (a) although the Plaintiff mistakenly stated that the instant land sales contract was part of a size of approximately 4,093 square meters in Daegu-gun-gun, Daegu-gun, the Plaintiff constitutes part of Q, J, R, and S, Chang-si, Daegu-gun, the said contract constitutes part of each land.”
A) The instant sales contract to purchase the real estate from the Defendant (hereinafter “instant sales contract”).
A) A contract deposit was concluded, and the down payment was paid to the Defendant on the day of the contract. The purchase price under Article 1 (Sale Price and Time) is KRW 430 million, the down payment of KRW 50 million, the intermediate payment of KRW 100 million, the remainder of KRW 100 million, and KRW 280 million. The down payment was paid by the Plaintiff at the time of the contract, and the intermediate payment payment was received by the Defendant on November 15, 2012, and the remainder payment was made on January 30, 2013. Article 2 (Defendant prior to ownership transfer, upon receiving the remainder of the purchase price and at the same time, deliver all necessary documents for the registration of ownership transfer to the Plaintiff, and deliver the land subject to the sale of this case.
Matters of special agreement
2. The contract shall be concluded at the same time as the down payment.
3. A special-purpose agreement shall take precedence over the payment date of any balance under Article 1 above.
Special Agreement in attached Form shall be made.
1. The payment of any balance shall be made after the division of the land subject to sale and purchase and the completion of road works;
2. The right to collateral security established on the land subject to sale of this case shall be terminated simultaneously with the payment of balance.
5. After the completion of partition of land to be traded in this case, there may be an increase or decrease in the size, and in such cases, an increase or decrease shall be settled by converting it into the usual price.
2 On November 15, 2012, the Plaintiff remitted part of the intermediate payment to the Defendant as part of the intermediate payment, and KRW 30 million as part of the intermediate payment on April 2, 2013.
B. As to the land subject to purchase and sale of this case’s legal relationship, each of the land B, Q, J, and R, Daegu-gun at the time of the instant sales contract.