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(영문) 대구지방법원김천지원 2019.10.25 2018가합16785
청구이의
Text

1. Promissory notes, No. 164, 2017, drawn up by the Defendant’s notary public against the Plaintiff, Law Firm C, March 7, 2017.

Reasons

1. Basic facts

A. Each land indicated in the separate sheet (hereinafter “each land of this case”) is the land owned by the Defendant and the total area of 9,246 square meters (2,80 square meters) of the area of each land indicated in the separate sheet is 9,246 square meters (hereinafter “land of this case”).

B. In 2016, the Defendant gave Nonparty D the consent to use the land, etc. in 3 and 4.

D) On March 29, 2016, the head of Seo-gu, Seo-gu, the head of Si/Gun/Gu received a disposition of acceptance of a single house building report under Article 14 of the Building Act with respect to 495 square meters among each of the instant lands on July 29, 2016, and received notification that permission for diversion of farmland is deemed permission for each of the instant housing sites (hereinafter “instant housing site”).

The area of each land of this case, the area permitted to divert farmland, and the following persons:

In comparison with the qualification certificate area for acquisition of farmland and the remaining area, 471 square meters among the two exclusive permission areas for diversion of farmland appears to be 4 and 7 land, and 495 square meters among 485 square meters among 3 land and 10 square meters among 485 square meters among 485 square meters and 6 land.

C. On November 26, 2016, the Defendant concluded a sales contract between Nonparty E and Nonparty E to sell each of the instant land at KRW 1,360,000 (hereinafter “previous contract”).

At the time of 3 and 4 land, there are only one house constructed D, and the other house was the foundation construction work. At the time of the previous contract, the Defendant sent pictures of each of the above reports to the Plaintiff and Nonparty F (hereinafter “Plaintiff, etc.”) by text messages, and the Defendant, a seller, agreed to pay the balance of the purchase and sale after resolving the problem of the instant housing site.

Plaintiff

On February 17, 2017, the Plaintiff, etc. entered into a contract with the Defendant to purchase each of the instant land in KRW 1,360,000 (hereinafter “instant contract”) with the following terms (hereinafter “instant contract”), and at the time, the Plaintiff, etc. entered into this contract.

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