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(영문) 광주고등법원(전주) 2016.09.22 2016나10303
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On October 28, 2014, the Plaintiff and D concluded a real estate sales contract with the Defendants for each of the lands listed in the separate sheet (hereinafter “instant land”) as follows (hereinafter “instant sales contract”). As a down payment, the Plaintiff and D paid KRW 49,00,000 to Defendant B and KRW 31,00,000 to Defendant C, respectively.

The sales contract of this case is identical to the contents of the sales object and the sales price to each defendant, including a special contract or special agreement. The specific contents are as follows.

Defendant B- Subject-Matter: The land listed in attached Table 1-4 - Sales Price: 612,730,000 won - down payment of KRW 49,00,000 shall be paid at the time of the contract and the balance of KRW 563,730,00 shall be paid on June 30, 2015.

Subject-matter C: The land listed in attached Table 5, 5, 6 - Sales Price: KRW 387,270,000 - down payment of KRW 31,00,000 at the time of the contract and the balance of KRW 356,270,00 shall be paid on June 30, 2015.

Matters in special agreement ( common to the defendants)

1. The seller, within eight (8) days from the date of the contract, applies for a license for solar power generation projects by a person designated by the purchaser for these sold real estate (8). The seller will deliver all documents necessary to apply for a license for solar power generation projects to a person designated by the purchaser.

2. The buyer who has taken over all the documents related to the permission for solar power generation from the seller to the seller is entitled to file an application for the permission for solar power generation project with the department designated by the buyer within 10 days from the date of receipt of the documents ( November 15, 2014).

3. In the event that the permission from the department related to the permission for solar power generation is not granted by June 30, 2015 despite the implementation of all the procedures in paragraphs 1 and 2 of this Special Agreement, this contract will be revoked, and the seller will immediately return the already received down payment to the buyer.

4. The seller shall enter into such special agreement as provided in paragraph 1.

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