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(영문) 수원지방법원여주지원 2016.01.12 2015가단8508
손해배상(기)
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 June 28, 2012, the Plaintiff promised to purchase eight lots, including the Gyeonggi-gun B & 77 square meters, which are owned by the Defendant, and the Gyeonggi-gun, Gyeonggi-gu, Gyeonggi-do, which are owned by the Defendant, and four lots, including 2,843 square meters and four lots (hereinafter referred to as “the instant twelve lot land”) (hereinafter referred to as “the primary reservation object”), and subsequently, agreed to enter into a sales contract separately after completing the authorization and permission that the Defendant and the sublime may perform the construction work (hereinafter referred to as “the first promise”), and accordingly, the Plaintiff paid the Defendant KRW 30,000,000 as the sales reservation amount.

B. On August 21, 2012, the Defendant and sub-lim development drafted and delivered a written consent to the use of the site to the effect that the Plaintiff consented to the use of the primary reservation object as a building site.

C. On May 8, 2013, the Plaintiff, the Defendant, and the sub-delim development changed the first promise, and the Plaintiff, from the Defendant and sub-delim development, omitted D. 52 square meters from the first pre-contracted of each land indicated in the separate sheet from the Defendant and sub-delim development, and added E road 881 square meters and F. 43 square meters to the same.

Attached Form

List Nos 1 to 1

9. Each land described was land in the name of the Defendant, and the title Nos. 10 to 13. was land in the name of sublime development.

hereinafter referred to as "second reservation object"

B. A promise is made to purchase KRW 1,913,350,000 for the purchase of KRW 1,913,350,000 for the purchase and sale reservation; ① the amount of KRW 30,000,000 out of KRW 80,000 for the purchase reservation shall be replaced by the amount of KRW 50,000 shall be paid on the same day; ② the remainder of KRW 120,000,000 for the purchase and sale reservation amount of KRW 200,000,000 for the purchase and sale reservation amount of KRW 80,000,000 for the purchase and sale reservation amount of KRW 20,000,000 for the Defendant by June 8, 2013; ③ even if the Plaintiff, Defendant and sublime Development violate any of the obligations, the agreement shall be rescinded, and if the agreement is rescinded due to a cause attributable to the Defendant and sublim development, the amount of the purchase and sale reservation reservation agreement shall be paid to the Plaintiff.

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