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(영문) 수원지방법원 2017.04.21 2016가합78598
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs are borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 30, 2006, the Plaintiff was selected as a successful bidder with regard to the land of this case with regard to the land of this case, the Defendant and the Defendant entered into a sales contract with the following terms (hereinafter “instant sales contract”), paid the full amount of the purchase price, and completed the registration of ownership transfer on October 9, 2008.

Article 3 (Use of Land for Purpose) (1) Article 3 (Use of Land for Purpose) of the Land Sales Contract (the "Plaintiff" shall be referred to as "B", the defendant shall be referred to as "A", and only the main contents thereof shall be extracted)

Article 9 (Cancellation of Contract) (2) B may cancel this contract in the case falling under any of the following subparagraphs:

1. Where it is impossible to achieve the purpose of the contract because the time of land use and ownership transfer have been delayed for not less than six months due to any cause attributable to the Party A: Provided, That the case where it is delayed due to any cause falling under any of subparagraphs of Article 5

Matters of special agreement

2. B shall enter into a contract under the condition that the state of the formation of land, the current status (higher, base, legal surface, etc.) and inside and outside the project district are verified, and on condition that they be discounted, and the liability incurred due to failure to confirm it shall be limited to B and shall not raise an objection related to the removal of the base and the state of the law, or a claim for related expenses, etc. against A;

B. The Plaintiff sold the instant land by specifying its use as a kindergarten site, but the Defendant was unable to establish and operate a kindergarten due to new construction of E-related facilities at a D-place adjacent to the instant land by Samsung Electronic Company.

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