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(영문) 인천지방법원 2016.06.14 2016가합50449

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. On June 8, 2015, the Plaintiff entered into a sales contract with the Defendant and the Defendant on the 47 square meters of land (hereinafter “instant sales contract”) among the 622 square meters of land and C, D forest land, 612 square meters of land, E forest land, 612 square meters of forest land, F forest land, 319 square meters of land, G forest land, 4,867 square meters of land and H forest land, and 229 square meters of land for H forest (hereinafter “instant real estate”). The main contents are as follows.

Article 2 (Sales Price)

1. The buyer shall make the sale price to the seller at the following intervals:

1) Sales proceeds: 820 million won: 82 million won; 4) Any balance remaining after no intermediate payment: 738 billion won; and 6 (Cancellation of Contracts) payment on November 10, 2015

1. Before the buyer pays any balance to the seller, the seller may cancel this contract by giving two times the down payment to the buyer and paying two times the cost of disposal of the work price, and if each of them pays any balance on the payment date of the balance, he shall waive the down payment and cancel this contract; and

Article 7 (Matters under Special Agreement)

3. The seller shall be permitted to approve the use of the land and pack the road in Gyeonggi-gun I 192 square meters and J 99 square meters (hereinafter “instant land”), and the cost shall be borne by the buyer, and the road package shall be owned by the seller when the contract is terminated pursuant to Article 6(1).

B. The Plaintiff paid the Defendant the down payment of KRW 82 million on the day of the instant sales contract.

C. On August 10, 2015, the Plaintiff sent a certificate of content that if the Defendant fails to provide the Defendant with the consent to use the instant land within 14 days after receiving the notification, the Plaintiff would notify the rescission of the instant sales contract (hereinafter “instant notification”).

C. On November 10, 2015, the Plaintiff did not pay the remainder to the Defendant.

On November 11, 2015, the Plaintiff did not perform the obligation despite the Defendant’s receipt of the notice of demand for performance of the instant case.