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(영문) 광주고등법원 2017.11.03 2017나11857
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 10, 2014, the Plaintiff purchased the instant land from the Defendant in KRW 901,815,000 from the purchase price (hereinafter “instant sales contract”). The real estate transaction declaration prepared at the time (Evidence A2; hereinafter “instant sales declaration”) contains the following contents.

Article 1 (Conditions for Payment of Sales Price) (1) Terms and conditions for payment of sales price and sales price shall be as follows, and when there occurs an increase or decrease in the area due to survey, etc., mutual settlement shall be made according to the purchase price at the

(2) The purchase price shall be the amount for all the transfer of ownership, such as land, ground buildings, superficies, obstacles, trees, etc.

Article 5 (Matters of Special Agreement) (1) of the 901,815,00 won in total for issuance of documents for transfer of ownership within 30 days from the date of completion of an agreement to sell and purchase 95% of the land price of non-fixed down payment at the rate of 90,181,500 won, 10% of the total of 10% remaining 81,633,50% of the total of 90 days from the date of completion of the agreement to sell and purchase the land of Class 1 general residential area through a district unit plan with the Plaintiff’s cost and effort, and with the Plaintiff’s promise to sell and purchase the land of Class 1 general residential area for multi-family housing business through a district unit plan, the Defendant cannot terminate this agreement.

Provided, That in the event that the plaintiff and the defendant are not in a business due to reasons other than the intention of the plaintiff and the defendant, the contract shall be null and void, and shall not be reinstated

② Since the Plaintiff is aware of the promotion of the project with considerable costs and effort, if damage is inflicted on the Plaintiff with respect to the promise to sell and purchase, such as unilateral termination, down payment, intermediate payment, refusal to receive any balance, and defect in the sale and purchase land after the promise to sell and purchase, all the purchase price and the cost of implementing the project (such as design, district unit establishment cost, and other cost incurred in carrying out rental business) paid by the Plaintiff to the owner of another land, and the total amount of damage.

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