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(영문) 서울고등법원 2017.03.10 2016나2053365
약정금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On November 13, 2003, the Plaintiff entered into a sales contract with the purchaser as K, Defendant B, and Defendant C to sell 33,100 square meters of land (hereinafter “instant land”) out of 34,092 square meters of land owned by the Plaintiff within the land transaction permission zone under the National Land Planning and Utilization Act (hereinafter “the first sales contract”).

(2) Defendant B affixed his seal on behalf of K and Defendant C on the side of “K, Defendant B, and five other” as indicated in the column for buyers of the first sales contract.

(3) The first sales contract contains the following contents as part of the contents of the contract and the special agreement:

Real estate sales contract

2. A seller and a intermediary member of the terms and conditions of a contract shall be provided from time to time to time when a request is made for an inevitable administrative document or signature and seal, such as matters concerning the registration of transfer of sale after the contract, procedures for authorization and permission for land transaction, land transaction permission, land size of a joint purchaser, partition of land area, application for cadastral adjustment,

(1) When preparing this contract, the purchaser shall record the representative, Defendant B, and 20,000, and the seller shall provide documents to the non-party, other than the non-party, subject to Article 7 of the terms and conditions of the contract at the request of the purchaser.

(2) A seller and a purchaser shall provide a written confirmation of land transaction, accompanied by a certificate of seal impression.

3. Transfer income tax accruing from the sale of the above land shall be borne by the purchaser.

B. On March 29, 2004, the instant land was divided into the division of the land and the conclusion of the secondary sales contract (1). The instant land was divided into 1,410 square meters of Ma Man Forest and 1,410 square meters (1), 91 square meters of N forest and 91 square meters (2), 1,220 square meters of O forest and 220 square meters (3), 1,051 square meters of P forest and 1,418 square meters (4), 1,679 square meters of Q forest and 1,679 square meters of R forest and 25,207 square meters of 207 square meters of Y

On April 2, 2004, the date of land transaction permission for the buyer's purchase price on the date of the land transaction permission (D 128 million won on April 2, 2004).

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