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(영문) 대전지방법원 2015.01.14 2014나103372
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation of this case are the same as the reasons for the judgment of the court of first instance, and thus, it shall accept this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. On July 25, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 760,000,000 (hereinafter “instant land”) for KRW 200,000,000,000 (hereinafter “instant sales contract”). Since the instant sales contract was cancelled due to the Defendant’s fault, the Plaintiff asserts that the Defendant is liable to pay the Plaintiff KRW 30,000,000,000,000,000,000,000,000,000

In addition, the specific details of the Defendant’s causes attributable to the Plaintiff were ① The Defendant did not perform the access road construction work, such as the Road Packaging, on the F forest and 44 square meters to be provided as part of the access road to

(2) The defendant did not refuse and receive the balance, even though the plaintiff did not pay the balance.

B. Therefore, under Article 2 of the Real Estate Sales Contract (Evidence 2), whether the Defendant agreed to perform the construction work on an access road to the Plaintiff at the time of entering into the instant sales contract, or Article 2 of the Real Estate Sales Contract (Evidence A2), the seller merely provides that “The seller terminates the defects of the real estate (such as mortgage, provisional attachment, provisional registration, and any other defect) before the remainder payment date after completion of the buyer’s construction permission and receives the balance of the certified judicial scrivener paid,” and does not condition the Defendant to perform the construction work on an access road, such as the

In addition, even according to Article 3 of the above real estate sales contract claimed by the plaintiff, for the building permit owned by the defendant, if requested by the defendant, the plaintiff approves it, and the defendant pays the value of the land to the plaintiff at the time of purchase, and the construction of the road

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