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(영문) 대전지방법원 2018.01.18 2017나104659
손해배상(기)
Text

1. The plaintiff's appeal against the defendant B shall be dismissed.

2. Of the judgment of the court of first instance, the part against the defendant B shall be revoked, and that part shall be revoked.

Reasons

A. From March 30, 2015, 201, 155 square meters of 16,851 square meters of Dao-gun Hong-gun, Hongsung-gun, Hongsung-gun, red G, and orchard 3,606 square meters of H and orchard 6,905 square meters were transferred to I.

(hereinafter referred to as “instant land”) is a person who owns 1/2 shares in each of the instant land.

On December 17, 2013, the Plaintiff entered into a sales contract between the Plaintiff and the Defendants with the Defendants to purchase the instant land in KRW 1,750,000 (hereinafter “instant sales contract”) for the purpose of building a site for aggregate lines and selling stores. On the following day, the Plaintiff paid the Defendants KRW 175,00,000 as down payment.

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

2. In the sale of the instant land under Article 2 of the Terms and Conditions of the Contract, the Plaintiff shall pay the purchase price as follows.

Any balance of KRW 1,575,000,000 on March 17, 2014 shall be the name map of the land in this case on March 17, 2014.

3. Special terms and conditions* In the event of non-permission for development activities (e.g., crushing of aggregate) or excavation of cultural heritage, the instant sales contract is automatically rescinded, and the Defendants shall return the down payment to the Plaintiff on the day of such

* When the Plaintiff obtained permission to engage in development activities (e.g., crushinging and crushing), the Plaintiff should pay the remainder to the Defendants.

On December 26, 2013, the Plaintiff paid KRW 3,000,000 to the contract deposit for the civil engineering design necessary to implement the business of the aggregate selection and retail shop in the instant land in the local civil engineering.

On the other hand, on January 7, 2014, the Plaintiff asked Hong-gun about whether “the instant land should be designated as a DNA water distribution area, and the ground surface inspection should be conducted in advance.” On January 10, 2014, the Hongsung-gun asked about the Plaintiff’s instant land as buried cultural heritage.

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