(영문) 수원지방법원 2019.01.29 2018가단523491

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(영문) 수원지방법원 2019.01.29 2018가단523491

손해배상(기)

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1. The Defendant’s KRW 90,000,000 as well as 5% per annum from August 21, 2018 to January 29, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 9, 2017, the Plaintiff and the Defendant entered into a sales contract with the content that the Plaintiff purchases KRW 464,500,000 (the contract amounting to KRW 45,000,000,000 under the Plaintiff’s name and the remainder 419,50,000,000 (the contract amount to be paid within 20 days after obtaining permission) of the land owned by the Defendant (hereinafter “instant land”) on the following terms and conditions. In relation to nonperformance and damages, the Plaintiff agreed that “if the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party shall be notified in writing and the contract may cancel the contract. In addition, the contractual party may claim damages arising from the cancellation of the contract to the other party, and the contract party shall be deemed as compensation for damages, unless otherwise agreed.”

1. The initial seller has obtained permission for Class I and II neighborhood living facilities in land subject to sale, but the present person or permission has been ex officio, and the buyer has already obtained authorization, permission, cancellation of permission, mountainous district, or restoration of permission in order for the buyer to obtain re-authorization or permission, the seller shall deliver all documents (written consent to the use of land or drainage, etc.) to the buyer and actively cooperate with the buyer;

(2) If the buyer is not permitted under the name of the buyer, this contract shall be null and void and the down payment shall be refunded to the buyer.

3. The seller shall cancel the right to collateral security and superficies entered in the register of the register at the end of the balance.

4. The balance remaining as a bank loan after authorization or permission is granted shall be treated as a lump sum payment.

However, the seller provides the main place as security, and the ownership shall be transferred ten days after the balance.

5. The buyer shall implement part of the construction at the site for bank loans after obtaining permission, and if he does not pay any balance, the buyer shall waive the part of the construction.

유사 판례

-수원지방법원 2017.04.04 2015가단142358

-대법원 1992. 7. 28. 선고 91다33612 판결

-대전지방법원 2020.01.14 2018나101985

-전주지방법원군산지원 2016.01.12 2015가단54276