Text
1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. On October 12, 2006, the Plaintiff’s father I representing the Plaintiff and the Defendant’s husband J on behalf of the Defendant was divided into 45,091 square meters and 3,306 square meters of land and 48,397 square meters of land and land in Chungcheong-gun, Chungcheongnam-do, the Defendant, under the brokerage of K on October 12, 2006.
The land before subdivision (hereinafter referred to as “instant real estate”) was sold at KRW 900 million, and the Defendant entered into a sales contract with the terms that KRW 100 million for the intermediate payment of KRW 300 million on November 13, 2006, and that KRW 500 million for the remainder payment of KRW 500 million on January 20, 2007 (hereinafter “instant sales contract”).
At the time of the conclusion of the instant sales contract, the instant real estate was in a state where there was no access road connected to the public service, and the 11th grave (hereinafter “instant grave”) was installed on the ground thereof.
B. Upon entering into the instant sales contract on October 12, 2006, the Plaintiff and the Defendant: (a) prepared the documents of the title “the proviso” as a separate document; and (b) affixed them to the sales contract and affixed them thereto; and (c) the key contents of the proviso (hereinafter “instant proviso clause”) are as follows.
[2] Paragraph (2) of the proviso of this case] Paragraph (2) of this case: A cemetery buried on the real estate of this case shall immediately be affected by the plaintiff when the defendant needs to do so (only in the case of the defendant's request for removal, where the plaintiff does not change the cemetery within one month from the date of the defendant's request for removal, a penalty equivalent to the down payment and a penalty equivalent to KRW 50,000 won per day shall be paid to the defendant). Paragraph (3) of this case: within two months from the date of this contract the plaintiff
The defendant shall pay the balance when the access road has been completed.
Paragraph 4: If the plaintiff fails to complete the above access road within two months, the plaintiff gives up the ownership of the real estate of this case and transfers its ownership to the defendant.
C. The defendant on 206.