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(영문) 의정부지방법원 2018.05.03 2017나210779
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiffs: (a) divided the land of this case into 13,222 square meters and 6,611 square meters, which is the land prior to the division from the Defendant in Namyang-si, Namyang-si, which is the land prior to the division (hereinafter “instant land prior to the division”); and (b) decided to purchase the said divided land in a total of KRW 1.4 billion; (c) on June 9, 2016, the Plaintiffs agreed to sell the purchase price of KRW 13,222 square meters among the land prior to the division in this case as the purchase price of KRW 93,33,300,000; and (d) on September 30, 2016, the sales contract was concluded to sell the 6,611 square meters of the instant land prior to the division in this case as the purchase price of KRW 46,67,00,00,000 and the remaining payment date of KRW 1,400,000,000.

Matters of special agreement

1. In the case of objects to be traded, the sale contract for the land of 19,833 square meters in the area of 23,306 square meters in the Namyang-si, Namyang-si, into three parcels, with the area of 1,256 square meters in the area of 9,256 square meters in the area of 256 square meters in the second place, 3,966 square meters in the area of 3

2. An application for development activities shall be filed by aggregating the first 9,256 square meters and the second 3,966 square meters among the objects subject to sale, and the third 6,61 square meters and the third 6,61 square meters shall be successively developed under a separate contract;

4. This contract shall be valid on the condition that development activities and building permits are approved for the subject matter to be sold. If such permission is denied or approval is not determined even after the expiration of the remaining payment period after this contract, this contract shall be rescinded, and the subordinate contract shall be rescinded when the contract for the senior vehicle is rescinded.

When this contract is terminated, the seller shall immediately refund the money received as the down payment to the purchaser without interest.

5. The buyer shall pay all the expenses necessary for the authorization and permission.

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