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(영문) 대전지방법원공주지원 2015.06.10 2014가합20451
기타(금전)
Text

1. The Defendants each amounting to KRW 87,500,000 and 20% per annum from November 18, 2014 to the date of full payment.

Reasons

. Facts of recognition.

A. The Plaintiff is a corporation whose main business purpose is the collection and collection of earth and rocks, the business of collecting earth and rocks, the business of screening aggregate, crushing, and the business of producing and selling aggregate, and the Defendants are those who jointly own 1/2 shares of 16,851 square meters (hereinafter “instant land”).

B. On December 17, 2013, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendants to purchase KRW 1,750,000,000 (a contract deposit of KRW 175,000). On the following day, the Plaintiff paid the Defendants the down payment of KRW 175,000,000. The details of the instant sales contract are as follows.

Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:

Any balance of KRW 1,575,000,000 on March 17, 2014 shall be the name limit on March 17, 2014.

3. Special terms and conditions* In the event of non-permission for development activities (e.g., crushing of aggregate) or excavation of cultural heritage, the sales contract of this case is automatically rescinded, and the seller shall return the down payment to the buyer on the day

* When a buyer has obtained a permit for development activities (aggravating and crushinging business), the buyer must pay the balance to the seller.

C. On January 10, 2014, the Plaintiff asked Hong-gun of whether the instant land can be carried out a project for the selection of aggregate tracks and selling places. On January 10, 2014, the Red-gun sent to the Plaintiff a reply that the instant land constitutes “D,” which is an area for the existence of buried cultural heritage, and thus, the excavation and investigation of buried cultural heritage under the Act on the Protection and Inspection of Buried Cultural Heritage before the project is implemented.

Accordingly, around January 24, 2014, the Plaintiff filed an application for permission to excavate buried cultural heritage or to permit the alteration of the current state with respect to the instant land. On February 3, 2014, the Administrator of the Cultural Heritage Administration permitted the Plaintiff to excavate buried cultural heritage with respect to the instant land.

The plaintiff is an incorporated foundation.

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