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(영문) 부산지방법원 2017.09.21 2016가합44397

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On January 25, 199, the Plaintiff entered into a sales contract with the net C with respect to the purchase price of KRW 264,00,000,000 (hereinafter “instant forest”) for KRW 264,000,00,000,000,000 for D forest land 6,980 square meters (hereinafter “instant forest”).

C On January 29, 1999, the Plaintiff completed the registration of ownership transfer (hereinafter “the registration of this case”) with respect to 289/5746 of shares owned in the forest of this case from 5746/76 of shares owned in the forest of this case.

On December 28, 2004, the forest of this case was replaced with E 389.9 square meters, F 462.3 square meters, G 60.2 square meters, H 214.4 square meters, I 31.2 square meters, J 1378.1 square meters, and K 828.2 square meters.

(2) The Plaintiff’s share owned by the registration of this case was sold upon the commencement of the formal auction procedure according to the judgment on partition of co-owned property as to the instant site L with the Changwon District Court L, and received KRW 96,67,481 from the above auction procedure.

【In the absence of any dispute over the grounds for recognition, the Defendant, who was the Plaintiff, was the business entity, as the Plaintiff died of the assertion C on the grounds of the claim as to the entries in Gap evidence Nos. 1 through 3 (including the branch number; hereinafter the same shall apply) and the purport of the entire pleadings. The Defendant, among the forest land purchased by the Plaintiff under the instant sales contract, has registered the share of 264m2 and the remainder of the forest land of this case, and did not comply with the agreement that the Plaintiff would accept the registration of share transfer.

Inasmuch as an auction based on the judgment on partition of co-owned property as to the instant site was conducted, thereby causing damages to the Plaintiff’s loss of ownership, the Defendant is liable to compensate the Plaintiff for the amount of KRW 222,456,807 (i.e., average price of KRW 1,208,842 x 264m2 x 96,677,481 won received by the Plaintiff) and damages for delay.

Judgment

According to the records of evidence No. 3, this case is applied during the registration application process of this case.