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(영문) 청주지방법원 2021.02.25 2020가단38044

기타(금전)

Text

1. The Defendant: (a) KRW 140,000,000 for the Plaintiff; and (b) 5% per annum from November 6, 2016 to November 30, 2020 for the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On May 7, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 231 square meters (hereinafter “instant land”) of Sejong Special Self-Governing City C, Sejong Special Self-Governing City C, 4286 square meters of forest land (hereinafter “instant land”) with a large amount of KRW 67,90,000, with a special agreement, and if the Plaintiff wishes to purchase the instant land more than one year and six months after the special agreement, the Defendant again decided to purchase the instant land from the Plaintiff at KRW 2 million per square year.

2) On May 11, 2015, the Plaintiff paid the above purchase-price to the Defendant. On September 2, 2015, the Plaintiff received the registration for the transfer of ownership with respect to shares 199/4286, out of the Sejong Special Self-Governing City C forest No. 4286 square meters, from the Defendant.

3) From November 6, 2016, the Plaintiff demanded the Defendant to purchase the instant land again at KRW 2 million per square year in accordance with the aforementioned special agreement.

[Grounds for recognition] The items in Gap evidence Nos. 1 to 5, and the purport of the whole pleadings

B. According to the above facts of determination, since a sales contract was concluded between the Plaintiff and the Defendant as to the instant land (70 square meters) on November 6, 2016 with the purchase price of KRW 140,000,000 (2 million per square year), the Defendant is obligated to pay to the Plaintiff delayed damages at each rate of 140,000 per annum under the Civil Act from November 6, 2016, which is the date of delivery of a copy of the complaint of this case, until November 30, 2020, and 5% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of complete payment from the following day to the date of full payment.

(c)

The judgment of the defendant on the defendant's assertion is that the meaning of "when the customer desires to do so after about one year and six months" under the above special agreement refers to "" after completion of authorization, permission and development of the above land, and the plaintiff also understood it.

The argument is asserted.

The evidence Nos. 1 and 2 is insufficient to acknowledge the above alleged facts only with the statement of evidence Nos. 1 and 2, and since there is no other evidence to acknowledge it, this part of the assertion is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

참조조문