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(영문) 의정부지방법원고양지원 2020.11.18 2020가단77486

손해배상(기)

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 12, 2018, the Plaintiffs concluded a contract with the Defendant to purchase the purchase price of KRW 390,000,000 (the remainder KRW 360,000,000,000,000,000 (the remainder KRW 360,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won for collateral security obligations of the E Union, which was established on the instant forest (hereinafter referred to as “instant contract”).

B. On November 2018, the Plaintiffs confirmed the fact that the high-sea branch of the Korea Land Information Corporation requested the surveying of the instant forest, which was installed with a steel network managed by the military unit on approximately 400 square meters of the instant forest (around 400 square meters).

C. On November 16, 2018, the Plaintiffs filed a civil petition regarding restitution or purchase of the part possessed by the military unit among the instant forest in the name of the Defendant, and whether it is possible to exchange the said part with the land F in Gyeyang-gu, Seoyang-gu, the neighboring land under the name of the Defendant, and received a reply from the Gyeonggi-do Facilities Association on December 3, 2018 to the effect that the restoration from the part possessed by the military unit among the instant forest to its original state or exchange it with the neighboring land is difficult and difficult to promote purchase.

On December 28, 2018, the Plaintiffs delayed the payment of any balance due to the failure to resolve the issues of securing access to the Army and the methods of surveying access to the land within the military unit. On January 22, 2019, the Plaintiffs drafted a letter of commitment to request the Defendant to pay the balance until January 22, 2019, and deliver it to the E Union interest arising from the delay.

E. On January 31, 2019, the Defendant did not perform the remainder date of the instant sales contract even though the Defendant had extended on January 22, 2019.

In February 14, 2019, documents necessary for transfer of ownership were sent to the certified judicial scrivener office.