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(영문) 서울고등법원 2014.10.17 2013나2026799
부담금
Text

1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the amount ordered to be paid under paragraph 2 below shall be revoked.

2.

Reasons

1. The following facts are recognized by each entry in Gap evidence 3 and Eul evidence 1, unless there is a dispute between the parties or by the Parties:

[1] On March 11, 201, the Defendant publicly announced five parcels of quasi-residential land and five parcels of parking lot land in the Ansan Tourism Zone through competitive bidding.

In the above notice of supply, the notice of successful bidder was issued on March 25, 201, and the conclusion of a contract was made from April 4, 201 to April 5 of the same month, and the notice was made from April 5, 2011 to a negotiated contract.

On the other hand, the above notice of supply was announced as follows in paragraph 8 of the common consideration of other important matters.

8. The purchaser shall verify the development status, current status (e.g., shape, height, base, legal surface, waterway, etc.), and conditions of the location inside and outside the project district through the local response map, and enter into a contract under the condition that it is acceptable, and the responsibilities arising from failure to confirm it shall be borne by the purchaser, and the disposal related to the slope level of the site, the removal of rocks, and the legal surface shall be conducted at the purchaser's expense.

[2] During Ansan-si, 203-2 quasi-residential land 1,264 square meters was included in the above supply announcement. The Plaintiff intended to purchase the quasi-residential land (hereinafter “instant land”) for the construction of officetels.

On November 4, 2011, the Defendant concluded a negotiated contract between the Plaintiff and the Plaintiff to sell the instant land in KRW 4,841,120,000 (hereinafter “instant sales contract”).

The instant sales contract was concluded with the Plaintiff and the Defendant affixed their seals to the contract, and the contract (hereinafter “instant contract”) was indicated as “A” by the Plaintiff, the buyer, and the Defendant, the seller, as “B” as “B,” as stipulated in Section 4 of the special agreement.

4.A shall create the land to be supplied, present status (e.g., shape, height, base base, legal surface status, etc.);

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