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Reasons
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(영문) 서울고등법원 2015.12.11 2015나8201
건축허가명의말소절차이행청구권
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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. On May 31, 2011, the Plaintiffs entered into a sales contract with G, Defendant C, and the Plaintiffs to sell KRW 6843 square meters (hereinafter “instant forest”) for KRW 860,000,000,000 (hereinafter “instant sales contract”). On the same day, the Plaintiffs were paid KRW 86,000 from G and Defendant C for the down payment, and the remainder KRW 774,00,000 was paid on September 30, 201.

B. While entering into the instant sales contract with the Plaintiffs, G and Defendant C stipulated the following special terms:

1. A seller shall provide a buyer with a written consent to the use of land for authorization and permission and attached documents immediately;

2. No development activities may be conducted without the seller's consent before any balance is paid;

3. The balance shall not be traded before the payment thereof.

C. On October 201, the Plaintiffs prepared and provided to Defendant C with a consent to the use of sewage facilities and excellent facilities and written consent to the use of land with respect to the Defendants’ building permission regarding the instant forest. On January 4, 2012, the Defendants applied for a construction permit on a total of 4,393 square meters of the instant forest and land (H, I, and J) outside the instant forest and obtained a building permit from the head of Yeongdeungpo-gu Office (new construction, development and conversion of a mountainous district) with the Defendants as the owner of the building on March 13, 2012.

On the other hand, on May 31, 201, Defendant C sold 400 square meters out of the instant forest in Bangladesh General Construction Co., Ltd. at KRW 166 million. On June 28, 2012, Defendant C entered into a contract for “KG” with respect to the instant forest and field construction and the instant forest and field construction.

E. G and Defendant C did not pay the remainder by September 30, 201, which is the remainder payment date under the instant sales contract. The Plaintiffs extended the remainder payment date on four occasions, but G and Defendant C did not pay the remainder by March 29, 2013, which is the fourth extension date.

F. The Plaintiffs paid any balance to G and Defendant C on April 26, 2013.

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