(영문) 의정부지방법원 2019.09.20 2018가단110509

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(영문) 의정부지방법원 2019.09.20 2018가단110509

손해배상

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 20, 2017, the Plaintiffs entered into a sales contract with the Defendant to purchase KRW 1,700,000 (hereinafter “the instant sales contract”) for the remaining KRW 860 square meters (hereinafter “the instant land”) excluding the portion of the road (G 1,337 square meters in Guri-si, Guri-si, and hereinafter “the part on the road of the instant neighboring parks”), which was a co-owner F of the land at the time of the subdivision of 231 square meters and the part on the west of the land at the time of the subdivision of 4,407 square meters from the Defendant (hereinafter “instant sales contract”).

B. The main contents of the special agreement stated in the instant sales contract are as follows.

2. To trade in installments the area excluding neighborhood parks (70 square meters) out of the E 4,407 square meters.

The amount of sale shall be calculated in terms of KRW 2 million per square year.

(F) The contract shall be re-written in the actual area/amount after the partition survey).

4.In order to enter this land, the seller shall agree to use the land of approximately four meters from E to the road, until such land is expropriated as a park, and the seller shall agree to use the land to the buyer before the sale is made.

5. The end farm of the present land for sale shall be used by sellers by the end of 2017;

The above contract of sale and purchase was accompanied by a “land use plan” drawing indicating the road portion of the neighboring park of this case as follows:

HE was also accompanied by the drawings indicating the part of the land that the Defendant agreed to use to the Plaintiffs (hereinafter “the drawings indicating the portion of consent to use”) in the map as follows.

H E H H

C. According to the instant sales contract, the Plaintiffs paid KRW 170,00,000 for down payment of KRW 170,000 on April 20, 2017, and KRW 400,000 for intermediate payment of May 19, 2017, and the Defendant divided the instant land into G on June 13, 2017, after conducting a divisional survey on the instant land subject to sale, and divided the instant neighboring Park into G at Guri-si on June 13, 2017, and the instant E answer, which is each of the instant land subject to sale, into Guri-si, with the indication of drawings.

유사 판례

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