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(영문) 수원지방법원 2017.07.14 2016가합81013

손해배상(기)

Text

1. Defendant H and J Co., Ltd. jointly share 200,000,000 won to Plaintiff A, 50,000,000 won to Plaintiff B, and 30,000 won to Plaintiff C and D.

Reasons

1. Basic facts

A. On December 15, 2009, Defendant I sold the land purchase contract of this case to Defendant H Co., Ltd. (hereinafter “Defendant Company”) for KRW 346,767m2 (hereinafter “the instant forest”) and KRW 1,488m2 (hereinafter “the instant forest”) in Gyeyang-gun for KRW 4 billion, and paid the down payment of KRW 400 million on the date of the contract, the intermediate payment of KRW 1.6 billion on April 29, 2010, and the remainder of KRW 2 billion on August 27, 2010, and received KRW 400 million on the same day.

(hereinafter referred to as the “instant sales contract”) B.

The Plaintiffs purchased part of the forest land of this case from Defendant Company as indicated below.

(However, the rest of the plaintiffs, other than the plaintiff A, specified the purchase land size. The full amount of KRW 20,496 square meters (6,200 square meters) 74,5 million on May 14, 2010, KRW 482,500,000,000 for KRW 750 square meters on May 7, 2010, KRW 750 square meters on May 17, 2010, KRW 300,000 on KRW 5,000 on KRW 750 on September 20, 2010, the full amount of KRW 30,000,000 on KRW 450 on September 3, 2010, KRW 300,000 on KRW 90,000 on KRW 350,000 on May 3, 200, KRW 2000 on KRW 375,500 on July 26, 2009.

C. On June 16, 2010, the Defendant Company failed to pay the intermediate payment by the payment date of the intermediate payment, and made a letter of waiver of a real estate contract, stating that the intermediate payment of KRW 1.6 billion to Defendant I would not be paid until July 20, 2010, and that if not paid until then, the contract would be renounced. 2) On September 11, 2010, the Defendant Company made a letter of waiver of a real estate contract, stating that it would give Defendant I the payment of KRW 4.1 billion, including interest, etc. in the above KRW 4 billion, by November 10, 2010.

The instant forest land, which is divided into the instant forest land and the ownership transfer, shall be located on May 6, 2010, where the value of the instant forest land, which is not less than 6,915 square meters, is Yangyang-gun Mam, and on September 99, 2010, is not less than 173 square meters.