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(영문) 서울고등법원 2016.09.23 2016나2026622
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a real estate development business, etc., and Defendant B is each owner of the land of 24,065 square meters in the wife population D, and Defendant C is the owner of the land of 473 square meters in the past E, F 479 square meters in the F 479 square meters, G road 270 square meters in the H road, and 178 square meters in the aggregate of the above real estate (hereinafter “each of the above real estate”).

B. On August 12, 2014, the Plaintiff entered into a sales contract for each of the instant land (hereinafter “instant project”) with respect to the approval of a factory and warehouse on each of the instant land.

(3) In order to promote this case, each of the instant lands was purchased from the Defendants with a view to KRW 3.85 billion (hereinafter “instant sales contract”).

A) A contract deposit was concluded and the Defendants paid KRW 385 million to the Defendants. The main contents of the instant contract are as follows. Article 3 (Sale Price)

1. The sales price of each real estate of this case is as follows.

- Land price: 3,850,000,000 - Contract deposit (10%) : 385,000,000 won - Balance (90%) 3,465,00,000 won

3. Method of payment: The down payment shall be paid on the date of concluding the contract, and any balance shall be paid within 210 days from the date of

(Provided, That if authorization or permission is completed prior to the arrival of the payment period, it shall be paid within 30 days from the final date of authorization or permission, and if the period of authorization or permission is extended due to civil petitions, the period shall be extended through mutual consultation). Article 4 (Acquisition of Authorization or Permission, Approval for Land Use, etc.

1. The Defendants, upon entering into a sales contract, provide the Plaintiff with all documents, such as written consent to land use necessary for the Plaintiff to promote the authorization and permission of the objective business, along with a certificate of personal seal impression, and cooperate to the maximum extent possible with the Plaintiff

In addition, the defendants should not interfere with the plaintiff's acquisition of new business license by cancelling the authorization obtained in the existing site.

Article 8 (Transfer of Ownership)

1. The Defendants shall receive the remainder at the same time.

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