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(영문) 광주고등법원(전주) 2015.07.23 2014나2858
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. Facts of recognition;

A. On July 20, 2012, the Plaintiff entered into a sales contract with the Defendants on the purchase price of KRW 400,000,000 with respect to D forest land 1,230 square meters (excluding 122 square meters among the park sites; hereinafter “instant forest”), F forest land 198 square meters, Defendant C-owned H, and 106 square meters prior to G, with respect to the purchase price of KRW 400,000,00 with respect to the instant forest land (hereinafter collectively collectively referred to as “instant real estate”), which is the ownership of Defendant B, and the main contents thereof are as follows:

(hereinafter referred to as “instant sales contract”). [Real Estate sales contract] Article 2: Receipt of gold 10,000,000 won (Won 10,000,000): The intermediate payment of Article 3: to succeed to the amount of KRW 90,00,000 for loans of the New Saemaul Depository; and to pay the amount of KRW 5,00,000 (Won 5,000,000) on July 31, 2012.

(W) The remainder of Article 4 of the Korean Development Bank (Won 295,000,000 won in cash): if all of the instant real estate is terminated, such as the establishment of a collateral security by the New Saemaul Depository and the establishment of a provisional attachment on the instant real estate, the Defendants, the seller, shall deliver all the documents necessary for the registration of transfer of ownership to the Plaintiff, the buyer.

Article 6: The Defendants shall immediately deliver documents necessary for the building permit of the instant real estate when the Plaintiff needs.

Article 7:Real Estate Names shall fulfill the terms and conditions for the payment of the balance under Article 4 and shall also specify such terms and conditions.

Article 10:In a case where the plaintiff has entered into this contract, the down payment shall be null and void, and shall not be claimed to return it, and in a case where the defendants have entered into this contract, he shall compensate for a double of the down payment.

Special contract terms: New construction shall be conducted by establishing a new corporation with the representative of the plaintiff who made the representative M, and where the plaintiff is unable to pay the price by the completion date, the representative shall be changed to the defendant B who is the landowner, and all the taxes generated by the registration of change of the representative shall be paid by the defendant B.

B. At the time of the instant sales contract, the instant case.

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