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(영문) 서울중앙지방법원 2012.09.14 2010가합107724

구상금 등

Text

1. Defendant C is the Plaintiff’s KRW 63,405,300 and 5% per annum from August 27, 2008 to September 14, 2012.

Reasons

1. Basic facts

A. Although the land was originally divided into one parcel, E 279,651 square meters of forest land in Gyeyang-gun, Gyeonggi-gun, the Gyeonggi-do Gyeonggi-do related to the division of forest was divided into one parcel. However, on July 3, 2003, E 240,000 square meters of forest land, F 39,651 square meters of forest land. On September 2, 2003, E 240,00 square meters of forest land was divided into 186,434 square meters of forest land, G forest land 53,556 square meters, and on June 23, 2008, E 186,434 square meters of forest land was divided into 89,081 square meters of forest land, I 35,689 square meters of forest land, J 61,268 square meters of forest land, F39,651 square meters of forest land into 1,157, 253,7537, m forest land and forest land.

(hereinafter referred to as “the instant forest” in total) B.

On July 20, 2006, Q and Defendant C purchased forest land of this case 279,651 square meters ( approximately 83,000 square meters) owned by the Plaintiffs from the Plaintiffs on July 20, 2006. Of the contract deposit of KRW 1 billion, KRW 100 million on the date of the contract, KRW 400 million on July 25, 2006, and KRW 500 million on July 28, 2006, respectively, and the intermediate payment of KRW 1 billion on September 20, 2006 and KRW 2 billion on the remainder payment of KRW 2 billion on December 20, 2006 (hereinafter “contract of July 20, 2006”) and entered into a sales contract of this case into between the buyer and other parties under the sales contract, and the details as set forth below “C”).”

Article 3 (Registration of Transfer of Ownership, etc.) A seller shall provide a purchaser or a person designated by him/her with all documents concerning the registration of delivery of goods and transfer of ownership after receiving the full payment of the purchase price from the buyer, and cooperate

Article 8 (Land Division) Where a purchaser requests the division of this contract's items prior to the performance of the purchase and sale balance, the seller shall comply with such request, and the expenses incidental thereto shall be borne by the purchaser.

Article 9 (Partial Sale and Purchase) Where a purchaser sells and purchases part of the lands divided into this contract and goods under Article 8 (Partition of Land) in order to discharge the purchase and sale balance, a seller shall buy and sell them.