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(영문) 대구지방법원포항지원 2015.09.24 2015가단2711

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant entered into a sales contract with the Defendant on December 5, 201 with C (hereinafter “instant pine trees”) and KRW 3,300 (hereinafter “instant pine trees”) on December 5, 201.

(2) A sales contract provides that the purchase price shall be KRW 135 million (a down payment of KRW 15 million on the date of the contract, the remainder of KRW 120 million on December 30, 201), and C shall pay the Defendant the annual rent of the land where the instant pine trees are planted to the Defendant for five years from December 5, 2012 (hereinafter “instant sales contract”).

(2) On October 31, 2013, the Defendant concluded the instant sales contract with C (hereinafter “instant agreement rescission agreement”) with the following content: (a) the Defendant was paid the down payment of KRW 15 million on the day of the contract; and (b) the Defendant and C paid KRW 70 million out of the remainder on January 10, 2012.

1. The remainder of KRW 5,00,000 out of KRW 135,000 for pine trees purchase price (135,00,000 for pine trees purchase price) shall be waived as follows:

2. The buyer does not raise a civil or criminal objection against the seller (the name of the defendant) for the damage incurred from the waiver of the above 1.1.

3. With respect to the above 1. The buyer does not institute a civil lawsuit against the seller (the special agreement to bring a lawsuit against the seller): Provided, That the buyer shall pay 25 million won to the buyer, and the subject matter of the existing sale in possession of the seller shall belong to the seller;

5. Of the agreed amount of KRW 25,000,000 as stipulated in the above 4.4. The agreed amount of KRW 5 million shall be paid up to October 31, 2013, and the remainder of KRW 20,000,000 shall be paid to a purchaser until November 15, 2013.

6. On December 5, 2011, the sales contract becomes void from the date of preparation of this contract and does not raise any civil objection.

3) The Defendant remitted C KRW 5 million on October 31, 2013, KRW 7 million on February 1, 2011 of the same year, and KRW 10 million on August 1, 198 of the same year. (b) The Plaintiff’s claim, etc. against C is the Suwon District Court on May 15, 2014 as follows.