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(영문) 대전고등법원 2019.07.25 2019나10758
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. On August 2, 2016, the Plaintiff entered into a contract with the Defendant for the purchase of KRW 4,950 square meters (hereinafter “instant land”) of the north part of the 8,360 square meters of Asan-si Forest and C (hereinafter “the instant forest”) owned by the Defendant to purchase KRW 1,230,000,000 in installments for the construction of a factory (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 300,00,000 to the Defendant for the same day down payment (hereinafter “instant down payment”).

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

Land Sale Contracts Agreements

1. Location of land for sale: Asan City C; and

3. Sale area: A trade area of 4,950 square meters (1,500 square meters) out of 8,360 square meters (2,528.9 square meters) shall be divided (1,500 square meters) and shall be divided in accordance with the drawings (attached Form 1. drawings) attached thereto and the trade location shall be one.

4. Land sale price: 1,230,000,000 won (820,000 won per square meter).

5. Down Payment and Payment Date: 300,000,000 won and payable simultaneously with the contract.

6. An intermediate payment and payment date: No one.

7. Balance and payment date: The payment of the remainder amount of KRW 930,000 shall be made at the same time as the transfer of registration for the land after the completion of the construction (pre-determined on December 30, 2016).

8. On May 31, 2013, attached to this land succeeds to the matters approved for the establishment of a factory on May 31, 2013 (the permission for extension of the period of mountainous district conversion on December 24, 2015), and the Defendant is obliged to change the applicant’s business type, classification number, manufacturing facility area, etc. to the business type of the Plaintiff and the Plaintiff’s business type, classification number, manufacturing facility area,

9. Method of the progress of this project: ① The ownership of the land shall be made in the name of the defendant, and the building shall be completed after permission is granted under the name of the defendant, by changing the name of the plaintiff within 15 days, and the land shall be registered and transferred after completion.

(2) The defendant shall provide all kinds of documents, such as land use approval and written consent, so that the plaintiff can construct and complete the construction.

12. Cancellation of a contract: (1) The defendant is responsible.

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