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(영문) 서울고등법원 2017.08.17 2016나2038618
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Summary of the parties' arguments

A. Plaintiff A’s assertion 1) On April 6, 201, the Defendant and the Defendant, on April 6, 201, are 12,839 square meters of D forest land (hereinafter “instant land before the instant partition”).

1) Of the 1,522 square meters (hereinafter “Plaintiff A-purchase portion”).

(2) The purchase price of KRW 460,000 (a contract deposit of KRW 50,000,000) shall be purchased for the purchase price of KRW 460,000 (a contract deposit of KRW 50,000 shall be the date of the contract, the first intermediate payment of KRW 50,000,000 until April 29, 201, and the second intermediate payment of KRW 50,000 until June 10, 201, the remainder of KRW 310,000 shall be each payment until September 6, 2011), and the Defendant shall newly construct a factory equivalent to KRW 184 square meters on the above ground and increase the purchase price of KRW 550,00,00 after the division of land, and the Plaintiff shall additionally pay KRW 5,00,000 (hereinafter “first sale contract”).

B) From April 6, 201 to January 6, 2012, Plaintiff B paid the Defendant a total of KRW 150,000,000 for the purchase price. (ii) On March 18, 2011, Plaintiff B concluded a sales contract with the Defendant for KRW 1,454 square meters for the land before the instant partition (hereinafter “Plaintiff B purchase price”) in the purchase price of KRW 424,00,000 for the purchase price of KRW 424,000 (the contract price of KRW 40,60,000 for the date of the contract, the intermediate payment, 60,000,000 for the purchase price of KRW 324,00,000 for each payment until March 24, 201, and the Defendant made a sales contract for the building of KRW 167 for each of the above land plus KRW 10,000 for each of the following reasons (hereinafter “10,010 for each of the sale price”).

3) The Defendant did not perform its duty to construct a new factory under each of the instant sales contracts until the remainder payment date under each of the instant sales contracts has expired, and the Plaintiff completed the registration of the establishment of a new factory and the registration of the creation of a superficies on the land prior to the instant division. 4) The purchase portion of the Plaintiff A.

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