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(영문) 대전지방법원 2017.09.14 2016나111773
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

Reasons

Basic Facts

The plaintiff company is a corporation established for the purpose of real estate development consulting business, such as the conclusion of land sales contract.

Plaintiff

On March 31, 2015, a company entered into a sales contract with the Defendant (hereinafter “instant sales contract”) with regard to each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) at KRW 1,650,00,000, and entered into a sales contract (hereinafter “instant sales contract”) with regard to the purchase price of KRW 1,650,000,000, and Article 5 (Security of Consent to Use of Road Site) of the sales contract that includes the following, the seller shall secure the access road site as requested by the buyer, and when the purchaser applies for the permission for land development, the company shall deliver the site to the buyer with consent to use

Provided, That the seller shall cooperate with the purchase contract for the road site G.

Article 7 (ownership of Access Roads)

1. The seller shall jointly own the ownership of the area divided from G to the site for access road in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu;

2. The seller shall own the area divided into the access road site from H in Seo-gu, Western-gu, Seocheon-gu, the buyer shall own it jointly with the buyer by exchanging with the land area of G in Seo-gu, Seoan-gu, Seocheon-gu.

Article 14 (Termination of Contract)

4. If a seller fails to obtain consent to land use from the owner of a road site, this contract shall be terminated;

Where a contract is terminated due to a failure of the seller to fulfill his / her responsibilities and obligations, the seller shall compensate the buyer for damages of KRW 200,000,000, including the down payment and required expenses.

was drawn up.

Plaintiff

On April 2, 2015, the Company paid 55,000,000 won as down payment to the Defendant according to the instant sales contract.

The current status of each real estate of this case and the process of securing access roads are as shown in the separate sheet No. 2, and the location and status of each real estate of this case and its adjoining land are as shown in the separate sheet No. 2.

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