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(영문) 서울고등법원 2018.11.23 2018나2016285
위약금등
Text

1. The plaintiff's claim that was changed in exchange from the trial to the defendants is dismissed in entirety.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On July 30, 2016, the Plaintiff entered into a contract with the Defendants to purchase a total of KRW 66,116 square meters of forest land 4,016 square meters of G forest land, KRW 4,016 square meters of H forest land, KRW 4,016 square meters of I forest land, KRW 4,016 square meters of J forest land, KRW 70,168 square meters of J forest (hereinafter “instant forest”) for the purpose of relocating and constructing a factory site for the production of aggregate (hereinafter “instant factory”).

The main contents of the instant sales contract are as follows.

-Article 6 of the Real Estate Sales Contract-Purchase price of KRW 4,00,000,000 (the down payment of KRW 400,000,000,000,000, in the event of a contract, the remainder 3,600,000,000 shall be paid on February 28, 2017) by the seller of the contract, at the time of the termination of the contract, shall compensate for the amount equal to the down payment and the buyer shall not, at the time of the termination, waive the down payment

Matters of special agreement

1. A seller shall issue a written consent for subdivision survey and land use to a purchaser and provide him/her with documents, etc. necessary for authorization and permission simultaneously with a contract;

2. Of the down payment, KRW 100 million shall be paid on the date of the contract, and the remaining amount of KRW 300 million shall be constituted this contract by payment on August 1, 2016.

3. Before the payment of any balance, the seller shall be responsible for and deal with the cemetery and obstacles on the land.

B. The Plaintiff paid KRW 100 million to the Defendants at the time of concluding the instant sales contract, and paid KRW 301,000,000 on August 1, 2016.

C. Around August 2016, the Defendants issued to the Plaintiff a written consent on the use of the site necessary for the approval of the establishment of the instant factory.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 11, 13 through 15, Eul evidence 1 to 15, each of the contents and images of Gap evidence 1 to 1 (including each number), the testimony of the witness L of the trial court and the purport of the whole pleadings

2. The plaintiff asserted that the contract of this case was concluded because it was erroneous that the permission for the construction of the factory of this case was the date of permission. This motive is erroneous.

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