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(영문) 인천지방법원 2018.12.14 2018나50591

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 11, 2001, the Plaintiff entered into a sales contract with D to purchase KRW 206,190,000 of G miscellaneous land and KRW 331 square meters of H miscellaneous land in Kimpo-si, Kimpo-si (hereinafter “previous land”), and paid KRW 20,000,000 for down payment to D on the same day, respectively. < Amended by Act No. 6373, Aug. 31, 2001; Act No. 6553, Aug. 31, 2001; Act No. 6315, Aug. 31, 2001; Act No. 6373, Jan. 1, 20

B. Upon D’s failure to deliver the previous land to the Plaintiff by September 28, 2001, which was the date of payment of the remainder of the pre-amended sales contract, the Plaintiff and D drafted on May 20, 2002 the following agreements (hereinafter “instant agreement”).

(D) Although the Plaintiff traded the previous land at KRW 711 and performed the intermediate payment on August 11, 2001, it did not comply with the removal of the scrapping site and the transfer of land due to D reasons, the following matters are agreed:

1. If the previous land cannot be transferred from the date of the preparation of the written agreement to May 31, 2002, D is to register the transfer of D shares in Kimpo-si I (hereinafter “instant land”).

2. The balance shall be replaced by a lease contract (the Plaintiff becomes a lessee of the land in this case) and when the scrapping and the goods are completely removed after consultation with the scrapping place, the Plaintiff shall pay 47,000 won per square day directly to the automobile scrapping place. The amount of deposit under the lease contract shall be automatically decreased, and the balance shall be settled immediately when the right to collateral security is terminated.

3. Where the co-ownership of the land already transferred is not divided, D shall not raise an objection and recognize the division in accordance with the attached drawing, even if the procedures for the division are followed.

Attached Form

The part of the drawing(hereinafter referred to as "part") shall be first given priority to the Plaintiff, but if the Plaintiff does not appear, the part shall be referred to as "part."