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(영문) 수원지방법원 2020.08.11 2019나87566
매매대금반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following changes in the reasoning as stated in the following 2.

2. A modification of the judgment of the court of first instance shall be made from 7th to 10th as follows.

Matters of special agreement

6. The seller shall cooperate with all the procedures (including various permission, change, measurement, subdivision and combination of land, partition of co-owned property, etc.) and delivery of documents necessary to obtain permission for development activities (permission for farmland diversion) in the name of the buyer or a person designated by the buyer;

6-1. Seller’s permission to engage in the above-mentioned development activities shall be wholly succeeded to the buyer or any person designated by the buyer.

(Cooperation and delivery of all necessary documents related to such procedures as succession and waiver of rights related to development activities) -

B. The Plaintiff and the Defendant entered into an agreement with the following terms as the terms of the instant sales contract.

The first instance judgment’s 4th to 3th of the first instance judgment’s 1st of the first instance judgment is modified as follows.

- Paragraph 6 of the special contract of this case stipulates the defendant's obligations on the premise that the defendant acquires new permission for development activities. At the time of the conclusion of the contract of this case, the plaintiff seems to have anticipated that he will obtain permission for development activities for the development of each real estate

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed.

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