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(영문) 대전지방법원 2015.03.27 2014나11015

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a woman of E (the deceased on September 7, 201, hereinafter “the deceased”) who owns each land listed in the separate sheet (hereinafter “instant land”), and Defendant B is the wife of the deceased.

B. From around 2004, Defendant B, along with Defendant C, installed a vinyl house on the instant land and planted trees on the instant land, and occupied the instant land.

C. On May 24, 2011, the Plaintiff, on behalf of the Deceased, sold the instant land to D in KRW 700 million (the contract amounting to KRW 10 million, the remainder of KRW 690 million, when entering into the contract, and the payment on July 3, 201), and the Plaintiff and D entered into the said contract with the following special agreement.

- Matters of special agreement - contracts after confirming the present status.

The Deceased is responsible for all kinds of affairs of the Plaintiff, who is the mother of the Deceased due to his physical or verbal disability, and the entire sales contract and the remainder shall also be received by the Plaintiff.

After filing a lawsuit to remove the instant land, a letter of performance that the Plaintiff will take a balance on the condition that the Plaintiff removes all the vinyls and remove the vinyls shall be prepared and signed and sealed by the purchaser.

No later than May 31, 2012

The plaintiff shall immediately file a removal lawsuit.

The amount of KRW 20 million shall be refunded in excess of the period.

D paid the full amount of the purchase price of the instant land to the Plaintiff on July 3, 201, and on the same day, the Plaintiff completed the registration of transfer of ownership in D and I’s name as to the instant land on July 20, 201, on the same day, “D shall make and deliver to D a letter of performance a letter of performance stating that “The Plaintiff shall be responsible for the Plaintiff’s agent of the seller for the purchase and sale of the instant land, and shall remove up to May 31, 2012, and if the removal is not made up by the deadline, KRW 20 million shall be returned to D, a woman of the Deceased, who is the deceased. It is anticipated to be about 10 months during the period of the removal lawsuit, and signed the registration of transfer of ownership in D and I’s name.

E. The plaintiff is stipulated in the above special agreement.