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(영문) 수원지방법원 2016.11.15 2015가합6701

부동산매매계약해제확인

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1. A sales contract concluded between the Plaintiff and the Defendant on Jun. 28, 2014 with respect to the volume of 41 square meters out of Masung-si C, D, E, and F on June 28, 2014.

Reasons

1. Basic facts

A. The Defendant is a person who implements a development project to develop G forest G forest 25,341 square meters as a site for electric source in emulation, and the Plaintiff, H, I, and J are the owners of the land corresponding to the access road to the said land.

B. On March 21, 2005, H entered into an exchange contract between the Plaintiff and H and the Defendant with the Defendant on March 21, 2005, with 300 square meters of G forest land developed by the Defendant at 166 square meters and 37 square meters prior to L, in G forest land owned by H, and with 25,431 square meters of land. H provides the Defendant with a written consent for road use for the land owned, and the Defendant completed the registration of ownership transfer for 300 square meters of G forest land. The Defendant constructed a house with 50 square meters or 60 square meters on the above land and completed the registration of ownership transfer for the said land, thereby completing the registration of ownership transfer. In addition, H and the Defendant concluded an exchange contract with the Defendant to exchange the said land with 320,000,000 square meters under the Plaintiff’s land ownership and 350,000 square meters under the Plaintiff’s land ownership and 305,005,00 square meters of land.

3 H consented to the use of the road for the land owned by the Defendant, and the Plaintiff delivered the documents necessary for the authorization and permission of the road to the Defendant, and fulfilled the obligations stipulated in each of the above exchange contracts.

However, the Defendant did not perform the obligation under each of the above exchange agreements or pay the land price to H and the Plaintiff. Accordingly, H and the Plaintiff each of the above provisions to the Defendant from August 2008 to December 2013.