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(영문) 대전고등법원(청주) 2015.06.23 2014나21046
계약해지통보 및 손해배상
Text

1. The defendant's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 30, 2012, the Plaintiffs sold 40 million won (the contract amount of KRW 20 million, the remainder of KRW 420 million, and the remainder of KRW 420 million) to the Defendant on November 30, 2012, the amount of KRW 3306 square meters (hereinafter referred to as “E land”) of the E Forest and Forest land owned by the Plaintiff C and KRW 3306 square meters of the F Forest and Forest land owned by the Plaintiff C (hereinafter referred to as “F land”); and the main contents of the instant sales contract are as follows.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If there is any ground to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate or there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of the said rights and transfer the full ownership to

Matters of special agreement

1. The creation of a floating mortgage on the register shall be cancelled by the seller on the date of the balance; and

2. The seller’s consent to the land use necessary for the buyer’s permission to the Cheongju-si G (hereinafter “the instant road site”) of the Young-gu, Chungcheongnam-gu.

3. The payment of a purchase and sale balance within 15 days after obtaining permission under the name of a seller (Provided, That the buyer prior to the payment of any balance agrees to perform civil works), and this contract shall be null and void at the time of the payment of any balance, and the permission shall revert to the seller;

5. A seller shall furnish all the documents necessary for a development permit and bear the burden of a buyer for a cost required for a development permit.

(including a written consent of the head of a child care center)

7. In the event of the failure to comply with the above special agreement, the buyer shall compensate the other party for 10% of the purchase price.

B. On May 31, 2013, the Plaintiffs obtained a building permit for the first class neighborhood living facilities (retail stores) from the head of Cheongju-si Office with respect to each of the instant land (which appears to fall under “the case where a permit for development is obtained under the name of a seller” under Article 3 of the Terms and Conditions of the instant sales contract), and the Defendant did not pay the remainder within 15 days thereafter.

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