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(영문) 인천지방법원 2015.02.13 2014가단210660
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 15, 2012, Dae-gu Seoul Special Metropolitan City Co., Ltd. (hereinafter “non-party company”) purchased from the Defendant for KRW 1823 billion (hereinafter “the instant sales contract”) the land of KRW 14,850 square meters of forest land, KRW 660, KRW 12,684, and KRW 456 square meters before E, KRW 12,684, and KRW 12,684, and KRW 456,000 of the F. (hereinafter “instant land”). The main contents are as follows.

At that time, the non-party company paid 100 million won down payment to the defendant.

2. The down payment shall be one hundred million won.

3. At the same time as the contract has been made, authorization and permission shall be paid.

4. The expenses for authorization and permission shall be borne by the buyer;

5.The intermediate payments shall be six months, and the amount shall be 60 million won, including advance payments.

6. The buyer shall pay to the seller the full amount of the sale price when the buyer pre-sales the sale.

7. The remainder period shall be 12 months.

8. The remainder after the sale of lines of authorization, permission and civil engineering works shall be completed with bank loans;

(C) If the seller fails to perform the contract after September 12, 200, the buyer shall waive without any condition all the down payment, authorization, permission, civil construction costs, superficies, and pre-sale proceeds.

10. Matters agreed upon by the seller and the purchaser shall be determined through consultation with the special agreement at the time of agreement;

11. The seller shall remove the plastic houses and the buildings, if necessary, by the purchaser at the time of civil engineering works.

12. The seller shall be liable for the acts performed during the period of the contract.

13. The cost of construction in the event of civil engineering works after authorization and permission, and the right of retention shall be held liable for the buyer;

(no liability shall be charged to the seller). 14. After authorization and permission, the Civil Works Corporation shall run after completion of an intermediate payment of KRW 600 million within six months.

B. However, the land of this case is intended to be used as a site for any of the following facilities when the Minister of Agriculture, Food and Rural Affairs decides to grant permission to divert farmland under Article 34 (1) 3 of the Farmland Act.

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