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(영문) 수원지방법원 2020.12.17 2019나68848
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On October 1, 2014, the Plaintiff was a total of eight parcels, such as Gwangju City, D, E, F, G, H, I, and J between the Defendant and the Defendant, and H, I, and H, I, and J were registration conversion into L on October 25, 2016. H, I, and J were registration conversion into M, N,O on November 10, 201, and D, M, N, N,O,O, K, and L were merged into C on January 20, 2017.

At present, each of the instant real estate continues to exist as two parcels C and E. The sales contract to purchase KRW 1.75 million (hereinafter “instant sales contract”) was concluded, and KRW 50 million for the first down payment was concluded on the date of conclusion of the contract, and KRW 125 million for the second down payment, when the Defendant acquired the ownership of each of the instant real estate, the remainder of KRW 1.575 million for the construction permission procedure for the new construction of three houses on each of the instant real estate was completed.

The Plaintiff paid the Defendant the down payment of KRW 50 million on the same day according to the instant sales contract.

B. The Plaintiff and the Defendant agreed to pay the remainder within 10 days after the completion of the construction authorization procedure for constructing three houses for multi-households on each of the instant real estate (Article 1). Of each of the instant real estate, the part of the site for which the construction authorization was not obtained among the instant real estate was decided to be excluded from the sale subject (Article 6), and the buyer did not demand the return of the down payment if the contract is terminated due to a non-performance of either of the contractual parties, and the seller agreed to reimburse the double amount of the down payment.

(Article 8). (c)

Meanwhile, at the time of concluding the instant sales contract, each of the instant real estate was owned by the third parties, not the Defendant, and the Defendant acquired the ownership of each of the instant real estate from the third parties and again transferred the ownership to the Plaintiff.

Defendant each of the instant cases.

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