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(영문) 수원지방법원 2018.02.01 2017나72638
손해배상(기)
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. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5 (including each number in case of a tentative number):

1. A sales contract of approximately 358 square meters ( approximately 1,183 square meters) of a total area with approximately 300 square meters ( approximately 992 square meters) of public use area ( approximately 191 square meters) based on the attached drawing’s display standard. 2. The seller shall complete civil engineering works (road packaging, U-type measuring instruments, fences, etc.) and completion and shall bear development charges and other related expenses;

3. This Agreement is a contract under which the principal will be refunded and the contract will be terminated if it is not possible and not possible.

4. To re-preparation the written contract with the changed matters after the division and lot number adjustment;

5. After the conclusion of a contract, the buyer shall confirm the building authorization (the retail store and the manufacturing place in one unit), and when the nonpermission becomes final and conclusive, the principal and the termination of this contract shall be to be returned and terminated;

6. Where procedures for subdivision, etc. are not completed by the date of balance, a purchaser may cancel such procedures;

7. If the contract is terminated due to the above reasons, etc., the seller shall return the principal within seven days.

On July 25, 2016, the Plaintiff entered into a sales contract with the Defendant and C on July 25, 2016, with the content that the Plaintiff shall pay the remainder amount of KRW 380,000,000 on October 31, 2016 (hereinafter “instant sales contract”). The instant sales contract contains a special clause (hereinafter “instant special clause”) with the following terms and conditions: (a) the Plaintiff purchased at KRW 1,183 square meters (hereinafter “the instant land portion”) from the Defendant and C’s wife’s wife population D, E, F, and G land (hereinafter “each of the instant land”).

B. The Plaintiff’s instant case on July 25, 2016 to the Defendant.

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