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(영문) 수원지방법원 2014.10.30 2014나24003

구상금

Text

1. Revocation of a judgment of the first instance;

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 January 18, 2005, the Plaintiff: (a) on March 22, 2005, sold a 241 square meter of forest land in the Dong P due to the merger on March 22, 2005, the Plaintiff completed the registration of transfer of ownership in the name as to the 23 square meters of forest land E (hereinafter “each of the instant real estate”).

B. On April 14, 2005, the Plaintiff obtained loans of KRW 295,724,720 from the said association on the following day after completing the registration of establishment of a mortgage over the maximum amount of KRW 360,000,000 for each of the instant real property. On July 6, 2007, the Plaintiff completed the registration of establishment of a mortgage over the maximum amount of KRW 144,00,000 for the National Agricultural Cooperative Federation, the National Agricultural Cooperative Federation of Mortgage, the maximum amount of claims, and the amount of claims

9. A loan of KRW 120,000,000 was received;

C. Meanwhile, the Plaintiff, around December 16, 2004, intended to change the form and quality of land and to construct a site after obtaining approval for factory construction from the competent authority on each of the above lands, etc. and completing a report on factory construction on October 17, 2007, but failed to complete construction due to the shortage of funds.

On January 3, 2008, F, the Defendant, in order to construct a factory building on each of the instant real estate, purchased each of the instant real estate from the Plaintiff on February 4, 2008, with the fixed price of KRW 460,000,000 for each of the instant real estate, and paid the Plaintiff the down payment of KRW 46,00,000 for each of the said loans related to the instant collateral security.

E. On January 9, 2008, F prepared a written agreement (Evidence 2) stating that “In the event that the purchaser F constructed a factory building on each of the instant real estate and the land transaction permission is not granted, the Plaintiff is refunded only the principal of the down payment, and the bank bears the burden by the purchaser F after February 15, 2008, and the purchaser F bears all the public charges after January 9, 2008.”

F. The Plaintiff shall take his own expenses around February 1, 2008.