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(영문) 서울중앙지방법원 2017.04.05 2015가합23388
손해배상(기) 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2011, Defendant B entered into a sales contract between the Plaintiff and the Defendant B (hereinafter “instant land”) with the land listed in the separate sheet owned by Defendant B from the Gwangju City Mayor (hereinafter “instant land”).

() A building permit was granted for medical facilities (a hospital), the building area of which is 1,606 square meters or larger, and for construction of Class 1 and Class 2 neighborhood living facilities (retail stores, retail stores, and general restaurants) on the ground. In order to increase the building area around October 2012 and change the use of the building to business facilities (officetel) and Class 1 and Class 2 neighborhood living facilities (a rest restaurants, general restaurants, etc.) (hereinafter “instant building permit”).

(2) On November 6, 2012, the Plaintiff and Defendant B entered into a sales contract with the purchase price of land at KRW 11.5 billion (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the down payment of KRW 750,000,000 to Defendant B.

The sales contract of this case

1. (Purpose of Contract) The seller is proceeding with the design of the building to be constructed on the land of this case, and the buyer enters into the sale contract on the land of this case on the premise of the seller’s ongoing design.

2. (Sales Price and its Method of Payment) If the purchaser pays the full amount of the purchase price in cash, the purchase price shall be 1.5 billion won. 2) The down payment shall be 7.5 million won, and the down payment shall be paid on the date of the sale contract.

3) A seller is expected to be able to make a construction permit based on the current design on the instant land around January 2013. The buyer takes over the seller’s loan of KRW 8.25 million with the subject matter of sale as security within one week from the date of the said permit, and pays an intermediate payment of KRW 1.00 million and KRW 300 million with the design cost paid by the seller. 4) The seller bears the interest on the above loan of KRW 8.25 billion and the property tax on the subject matter of sale prior to the date of the intermediate payment, and thereafter the buyer bears the following taxes and public charges prior to the date of the intermediate payment.

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