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(영문) 창원지방법원진주지원 2015.06.19 2014가단32157

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 23, 2013, the clan C (hereinafter “foreign clan”) held a clan meeting and appointed the Defendant as the representative, and the Defendant was decided to delegate it to the Defendant and the executive organ, who is the representative, to use D forest land 7,961 square meters and E forest land 469 square meters (hereinafter “instant land”) for the clan members, including development activities, conversion of mountainous districts, installation of private roads, building permission, division of land, etc., to the permitting authority, in order to use the land for the clan members.

B. On April 23, 2013, the Plaintiff entered into a contract with the Defendant, the representative of the non-party clan, under which the Plaintiff purchases from the non-party among the non-party, 7,961 square meters of woodland D, E forest land, 469 square meters of land and each of the above lands (hereinafter “instant sales contract”), and the main contents thereof are as follows.

The purchase price is KRW 382,50,000, and the down payment was paid at the time of the contract, and the intermediate payment is KRW 40,000,000 until July 31, 2013, and KRW 307,50,000 until October 31, 2013, respectively.

The non-party clan shall pay to the plaintiff a written consent to land use (for the purpose of development permission) at the same time as the contract is concluded.

Any balance shall be paid on October 31, 2013 without relation to permission.

Cemeteries in land subject to sale shall be the cycle of two disabilities before June 10, 2013.

C. After entering into the instant sales contract, Nonparty clan issued to the Plaintiff a written consent for land use, and decided to transfer the first time of the mountain village, which was established on the instant land, by opening a clan on June 1, 2013, and moved to the head on the 12th of the same month.

The Plaintiff requested the non-party clan to postpone the payment date of intermediate payments until August 15, 2013, but the non-party clan rejected it. On August 19, 2013, the Plaintiff deposited KRW 40,000 in the part payment of KRW 40,00,000 with the Changwon Branch Branch Branch of the Changwon District Court, which was deposited with KRW 1247.

E. On August 16, 2013, the F, which is the cause of the clan, is the Plaintiff on August 16, 2013. ① The Defendant is not the representative of the non-party clan, and ② the non-party clan is the disposition of