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(영문) 대전고등법원 2017.09.14 2017나10808
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The facts following the facts do not conflict between the parties, or found in Gap evidence Nos. 1, 2, 7, and 8 and the testimony of the witness H of the first instance trial by reference to the whole purport of the pleadings. A.

On November 29, 2007, the Plaintiff and the Defendant entered into the following sales contract (hereinafter “instant contract”) with respect to each of the lands listed in the separate sheet owned by the Defendant and its siblings C, D, and E as indicated in the separate sheet column in the separate sheet (hereinafter “each of the lands in this case”). On the same day, the Plaintiff paid KRW 300 million to the Defendant via the network I, the representative director at the time of the conclusion of the contract.

The purpose of this Agreement is to purchase and sell the above listed real estate owned by Party A and the entire site for the indication within the additional cadastral map of Party B and 3: The purpose of this Agreement is to promote civil engineering projects by purchasing and selling the above listed real estate owned by Party B and the entire site for the indication within the additional cadastral map of Party B, Article 1 (Indication of Trade Real Estate) of the Plaintiff and Party B:

Article 3 (Sales Price and Payment Method) The balance of non-fixed and temporary down payment due to the date of payment of the item ratio shall be 100% of the consultation within 30 days after the approval of the competent authority.

1. The sales price of the sale and purchase real estate indicated above shall be paid as follows:

Article 7 (Cancellation or Termination of Contracts and Compensation for Damages)

1.This contract shall become null and void in the following cases:

1) Even one of the landowners of this case who are necessary for the soil exploitation project, where it is determined that the collection of earth and stone has not been possible because of refusal of sale; 2) where authorization and permission, such as application for permission, decision (including postponement and reservation) by the competent authorities, approval of the project, etc. is impossible, without justifiable grounds, the purchase price (including where payment of the remaining amount has been delayed for not less than 30 days) may be difficult to achieve the purpose of this contract due to the seller’s violation.

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