logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.05 2016가합2287
손해배상(기)
Text

1. The Defendant’s KRW 340,000,000 as well as 5% per annum from June 31, 2016 to April 5, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the wholesale business and retail business of man-made agency.

B. On March 3, 2016, the Plaintiff entered into a contract with the Defendant for the purchase of real estate land with the content of purchasing 410 square meters from the Defendant, namely, 2,124 square meters of C forest land, D forest land 2,968 square meters, E road 1,547 square meters.

(hereinafter referred to as the “instant contract,” and in which case the administrative district of the land is indicated, it shall be referred to as the “Fi”). The main contents of the instant contract are as follows:

Article 2 (Transfer, etc. of Ownership) After completing the permission for change of factory construction, completing the civil works in accordance with the details of the authorization and permission, all documents necessary for registering the transfer of ownership to the land purchaser shall be delivered and

Article 7 (Refund of Contract Deposit) This contract is a condition to transfer after obtaining permission for change of factory establishment, so if the authorization, permission and construction is not completed, the seller shall immediately refund the contract deposit.

Article 8 (Bearing of Expenses) Costs incurred in amending factory construction approval shall be borne by a purchaser.

Matters of special agreement

1. A seller shall complete permission for change of factory establishment and civil engineering works by May 15, 2016;

Provided, That where it is necessary to extend the construction period, it may be extended if both parties agree.

2. If the seller fails to complete the contract deposit within the above-mentioned period, the seller shall pay to the buyer an amount double the contract deposit as penalty.

C. The down payment of the instant contract is KRW 170,000,000.

The Plaintiff fully pays the purchase price to the Defendant pursuant to the instant contract, and completed the registration of ownership transfer on November 25, 2016 as to the share of 410/1547 square meters of C forest land 2,124 square meters, D forest land 2,968 square meters, E road 1,547 square meters (hereinafter collectively referred to as “instant land”).

The approval for the alteration of the establishment of a factory on the instant land was made on May 3, 2016, and the Civil Works Corporation (hereinafter “instant construction”) on the instant land was completed by May 15, 2016.

arrow