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(영문) 전주지방법원 2012.07.11 2011가합7290

계약해제로 인한 원상회복 및 손해배상(기)

Text

1. The Defendants shall pay 50 million won to each Plaintiff and 20% per annum from January 18, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On October 5, 2007, the Plaintiff and the Defendants jointly owned (Defendant B 1/3 shares, Defendant C2/3 shares) with respect to the purchase price of KRW 920,000,000,000,000 for D forest land 4,711 square meters (hereinafter “the instant forest land”) located in the Jeonbuk-gun, Jeonbuk-gun, Seoul, and the down payment of KRW 100,000,000,000,000 for the first intermediate payment of KRW 20,000,000,000 for the second intermediate payment of October 30, 2007, and the remainder of KRW 422,00,000,000 shall be paid on November 30, 2007, and the Defendants concluded a real estate sales contract with the agreement to secure part of land E and F from the land to the instant forest (hereinafter “instant real estate sales contract”).

B. At each payment date, the Plaintiff paid the Defendants the down payment and the total sum of KRW 500 million of the first and second intermediate payments (hereinafter “the down payment and intermediate payment of this case”).

C. After that, the Defendants failed to comply with the terms and conditions of the instant sales contract by November 30, 2007, which is the remainder payment date stipulated in the instant sales contract. On May 22, 2008, the Plaintiff sent to the Defendants a written notification containing a declaration of intent to cancel the instant sales contract on the grounds of non-performance of the special agreement, etc., and thereafter, the said written notification reached the Defendants.

Meanwhile, on November 10, 208, the instant forest was divided into KRW 4,511 square meters of the D Forest and G 200 square meters of the forest (hereinafter collectively referred to as “the instant forest after the instant division”). The Defendants, on May 3, 2010, concluded a real estate sales contract with Nonparty H, I, J, and K (hereinafter “Nonindicted 3”) to sell the instant forest in total at KRW 970 million after the instant division to Nonparty H, I, J, and K (hereinafter “H”) and to sell the forest in total at KRW 970,000,000,000.”

On May 31, 2010, the above H et al. completed the registration of ownership transfer of forest land after the instant division to the third party, and completed the registration of ownership transfer. The fact that there is no ground for recognition, and the fact that there is no ground for recognition.