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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. Basic facts
A. Defendant B is the owner of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “the land listed in paragraph (1) of the attached Table No. 1”; the land listed in Paragraph (2) of the attached Table No. 2; and the land listed in Paragraph (3) of the attached Table No. 3; hereinafter referred to as “third land”; E is the third land owner; and multi-household housing exists on the land of the attached Table No. 2.
B. From June to July 2015, E planned a new apartment construction project on the ground of the instant land (e.g., adjoining to each other), but it was impossible to implement construction works on not more than three underground floors due to subway problems and waived the said plan.
Accordingly, E plans to build a new house on the ground of 2 and 3 land, but it did not reach an agreement with the heads of multi-households on the ground of 2 and 3 land, and E began to build a new house on the ground of 3 land.
C. Meanwhile, on October 30, 2015, the Plaintiff, the representative director of F, a construction company, concluded a sales contract with Defendant B to purchase the land No. 1 from Defendant B at KRW 1.2 billion (hereinafter “instant sales contract”). D.
The main contents of the instant sales contract are as follows.
Defendant B and the Plaintiff shall pay the purchase price in accordance with an agreement with respect to the sale of land No. 1 (Purpose) of the land transaction contract as follows.
The purchase price shall be paid and received at the time of a contract with 120 million won, and the intermediate payment shall be paid 480 million won on November 30, 2015.
Any balance 600 million won shall be paid on December 30, 2015.
Article 2 (Transfer, etc. of Ownership) Defendant B shall receive the balance of the purchase price and at the same time deliver all documents necessary for the registration of ownership transfer to the Plaintiff, and cooperate with the registration procedure, and the date of delivery of the first land shall be December 30, 2015.
Article 6 (Non-performance of Obligations and Compensation for Damages) The terms and conditions of this Agreement by Defendant B or the Plaintiff.