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(영문) 서울고등법원 2016.07.06 2016나2017451
매매대금반환
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasons for the judgment of the court of first instance cited in the judgment of the court of first instance are as follows: “The payment of KRW 13,537,774,361 was made from April 2016 to July 6, 2015”; the second table is as follows; the Plaintiff’s assertion that the Plaintiff added or stressed at the trial of the court of first instance: “The reasons for the judgment of the court of first instance,” except for adding “2. Additional Determination” to “the grounds for the judgment of the court of first instance”;

3. Since the judgment on the conjunctive claim is identical to the part of the "judgment on the conjunctive claim", it is accepted by the main sentence of Article 420 of the Civil Procedure

The amount of temporary payments from the sequence 1208 (246,375,30 won) for the year 2009 (2,207,733,459 won for the year 32010 (1,951,074,608 won for the year 2011 (2,439,556,158 won) for the year 2,489,317,300 won for the year 2,047,310,215 won for the year 2013 (2,047,310, 215 won for the year 2014 (7) for the year 2,608,298,621 won for the year 2015 (1,200,82,89 won for the year 82015) for the year 2015, for the year 2016.

2. Additional determination

A. The gist of the Plaintiff’s assertion 1) The Defendants filed a claim for damages due to delay of commencement or impossibility of commencement (i.e., local heating, which is a heating system, as stipulated in district unit planning and approval for modification of implementation plan) were incorporated into the instant sales contract to the effect that it is necessary to build an apartment with the local heating system on the instant land, by setting the terms and conditions of the instant sales contract and reflecting such terms and conditions in the instant sales contract

However, due to the revision of the business plan of the Incheon Airport Energy, which was made around February 2012, the local heating supply to the instant land was impossible, and the Defendants failed to perform the duty to provide the Plaintiff with the land equipped with the nature and characteristics necessary for apartment construction, namely, the duty to set up the conditions of the use of the instant land so that the apartment can be constructed with the district heating system, or to supply the land equipped with such conditions.

B. The plaintiff is an apartment building on the ground of the land of this case due to the defendants' default.

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