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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is the owner of each land listed in the separate sheet No. 1, and the Defendant is a corporation that implements development projects of the Gangnam-gu, Seoul and 14 lots adjacent to the above land.
B. When the above development project site is to obtain a building permit due to fluoring, the Defendant entered into a contract with the Plaintiff for land sale and purchase and land use approval (hereinafter “the first sale and purchase contract”) with respect to the 500 square meters (hereinafter “instant land”) out of the land listed in the attached Table 1 attached hereto on February 23, 2012, and paid the Plaintiff the down payment of KRW 25 million.
Contracts for land trade and acceptance for land use (forest and road);
1. Land planned to open a road: The land of this case;
2. breadth of a road: To prepare a separate contract for approval for use of a road after obtaining permission for six meters (to be used as a jointly-owned road after construction);
3. Use and sale area of roads: approximately 500 square meters (it may be additionally used where at least 500 square meters are required to the site for a development project: Provided, That the unit price per square meter shall be KRW 500,000).
4. Sales proceeds: 250 million won.
5. Contract deposit: 25 million won.
6. Balance: 20,000,000 won D and land E, and the agricultural partnership that is the opening user will complete recovery.
The balance shall be treated within three months after the contract is concluded.
For the above purpose, a special agreement is established as follows:
1. The Buyer (Buyer) will complete and start the above unclaimed area.
5.If the buyer has breached any of the above terms and conditions, the buyer shall waive the down payment, and if the seller has breached any of such terms and conditions, he shall be subject to any equivalent legal action.
In addition, this contract shall be null and void and the down payment shall not be returned unless the opening of a road is commenced within three months after the contract is concluded.
C. The defendant fails to pay the balance within three months from the date of the first sale contract and fails to start road construction works, thereby receiving demand from the plaintiff.