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1. The plaintiff's appeal and the plaintiff's main claim expanded by this court are all dismissed.
2.The Court.
Reasons
1. Basic facts
A. The Plaintiff (a) was merged with K on May 31, 2018 before the merger of the Plaintiff, which was the Plaintiff, and C was merged with K on June 18, 2018, and K changed its trade name into A on June 18, 2018. After the merger, C took over the instant legal proceedings on September 3, 2018, and C took over the instant legal proceedings on September 3, 2018; hereinafter “Plaintiff” is a juristic person established for the purpose of a golf course business, etc., and the Defendant is a clan B, which is a mid-term clan.
B. On May 23, 2016, the Plaintiff entered into a contract with C, representing the Defendant, to purchase real estate with the following content (hereinafter “instant contract”), and paid the Defendant the down payment of KRW 1,800,000,000 on the same day.
1. Location of indication of real estate: 495,867 square meters in terms of forests, fields, electricity, paddy fields, etc. and 12 lots of land: 495,000 square meters;
2. Sales proceeds (100%) : Gold twenty billion won (18,000,000,000) - One hundred and twenty billion won (10%) - one hundred and twenty billion won (1,80,000,000) - twenty-five percent (25%) - one hundred and twenty-five percent (4,50,000,000) - sixty-five percent (65%) - sixty-five percent (11,70,000,000) - one hundred and sixty-five (65%) - one hundred and sixty-five (11,70,000,000) - one hundred and seventy-five (11,70,000,000) - twenty-five (20 January 20, 2017).
(Conditions for the completion of paragraph (4) of the special agreement) The seller under paragraph (1) shall issue a written consent to land use to the buyer simultaneously with the receipt of the down payment.
Provided, That the buyer shall be liable for the damage incurred to the seller in violation of the written consent of the use of the land only when he/she has applied for the authorization.
Paragraph 3, which can confirm that the seller can make a resolution to dispose of the real estate at the time of entering into this contract, changes in the name of a clan (including the old articles of association), the notice of request for convening a general meeting, the meeting minutes of the general meeting where the sale of this real estate is resolved, the meeting minutes of the board of directors where the sale of this real estate is resolved, the general meeting minutes concerning the appointment of the representative of a clan, the certificate of