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(영문) 서울중앙지방법원 2020.06.12 2019가합41797

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, C, and D are divided into 1,309,453 square meters of E forest in Ansan-si (432,119 square meters of F forest and 457,787 square meters of G forest and 419,787 square meters of forest and 419,547 square meters of forest in Ansan-si.

Forest land before the division is referred to as "land 1";

(2) The land for H farm shall be 10,792 square meters (hereinafter referred to as “second land”).

(A) 368,097 square meters of I forest land (hereinafter “third land”) shall be referred to as “third land”).

The sum of the lands Nos. 1, 2, and 3 shall be “each land of this case”

2) The Plaintiff is a company whose business purpose is to extract and sell aggregate, etc., and the Plaintiff is a company whose trust of land and its fixtures, etc. is its business purpose.

B. The Defendant entered into a sales contract with the J on August 27, 2015 (i.e., the conclusion of a sales contract with the Defendant) between the J on August 27, 2015, and the Defendant’s 628,963/1,79,150 shares, which are part of its ownership shares in the first land (hereinafter “first shares”).

(ii)shares 719,805/1,799,150 shares (hereinafter referred to as “shares 2 and 3”) in land in excess of two and three.

The sum of shares Nos. 1, 2, and 3 shall be "each of the shares in this case"

A) Sales contract to sell the purchase price of KRW 7 billion to J (hereinafter “first sales contract”)

Upon entering into a contract, the J shall pay the Defendant the down payment of KRW 720 million on the date of the contract; the intermediate payment of KRW 4.2 billion on March 24, 2016; and the remainder of KRW 2.1 billion on May 24, 2016; however, upon the expiration of the due date, the Defendant agreed to pay the remainder of KRW 2.2% per month in addition to damages for delay; and on August 27, 2015, the Defendant was paid the down payment of KRW 700 million from J on September 3, 2015; and on the other hand, the J shall purchase KRW 484,301/1,79,150 of the land of KRW 3 and enter into a contract with the Defendant to divide the first land by KRW 1.5 billion on the date of the contract; and if the Defendant is paid the remainder of KRW 500 million by November 30, 2015, it shall obtain the permission for the remainder of KRW 36.1 billion on the following day.