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(영문) 광주지방법원 2020.05.20 2019나53500

계약금반환 청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 8, 2017, the Plaintiff concluded a sales contract with the Defendant’s children representing the Defendant for the purchase price of KRW 95,00,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and paid KRW 40,000,000 for the down payment, and the remainder of KRW 55,000,000 for the remainder of the sales contract was agreed to pay the down payment on December 31, 2017, the Plaintiff agreed to pay the down payment as a special contract and agreed to pay the director for the use of and profit from the pertinent real estate after consultation with the Plaintiff.

B. A fishing village fraternity is a fishing village fraternity established by a person engaged in fishing from among the residents of all Myeon-gun, Do-do, and holds a communal fishing right upon obtaining a license for communal fishing business under Article 9 of the Fisheries Act (a license number F, complex type of fishing business: type of fishing business, method of cultivation: dry, spraying, captured, gathered, cultivated products: Kim, Bain, and a license period from December 3, 2001 to December 2, 201, and an extended period from December 3, 201 to December 3, 2021. The types of fishing rights are natural fishing rights permitted to engage in fishing on tideland-gun, and fish farming business permitted to engage in marine fish farming business.

C. On August 4, 2017, a four-day period prior to the Plaintiff’s purchase of the instant real estate, the D fishing village fraternity discussed whether the Plaintiff would allow the Plaintiff to trade the fishery right between the members of the fishing village fraternity. On or around the 8th day of the same month, a member of the fishing village fraternity who leaves H in the meeting held around the same month, conducted a resolution to inquire of the instant house and dispose of it, but the fishery right should pay KRW 50 million in lieu of the fishery village fraternity’s absorption and instead of the consolation money.

On August 9, 2017, the Plaintiff sent text messages to C as follows:

5:50 The subject of the 5:50 S. S. S. S. S. S. S. is to treat fishing ground rights in the future at the general meeting of the village fishing village fraternity.

The next generation leaves H is KRW 50,000,000,000,000,000,000,000,000 won.