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(영문) 대전지방법원서산지원 2015.12.03 2014가합1682

매매대금반환

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Matters under a special agreement for recognition;

1. The right to collateral security of KRW 250,00,000 for the entire maximum debt amount of KRW 250,000 for G and H, and for K apartment owned by J (L 102 Dong 1403), the right to collateral security of KRW 100,000 for the maximum debt amount of KRW 100,000 for each of Defendant E and two other. The Plaintiff agreed to the consent to use of the instant land. 2.3. The Plaintiff received the consent to use from Defendant E and two other parties and concluded that the Plaintiff would damage each of the documents necessary for Defendant E’s consent to use, seal impression, and land use, and the Plaintiff did not demand any further.

4. Payment in cash to Defendant E, C, and D of June 15, 2010 KRW 250 million shall be made in cash.

In the event that the above-mentioned contents are not complied with, the consent to use shall be null and void and void, and any civil and criminal liability shall be held. 5. Access road packing Corporation shall take any civil and criminal responsibility after the date of occurrence of the bank.

(A) If a financial problem occurs, it may be changed under mutual consultation.

The plaintiff tried to use 212 square meters of F. 27,576 square meters of forest land owned by the defendant clan as an access road to the land in order to obtain permission for factory of the Jinjin System Co., Ltd. (hereinafter referred to as the "Minjin System"), and as of May 7, 2010, the plaintiff prepared a letter to the effect that "the consent for the use of the land of this case shall be null and void if the third party representative fails to comply with the special agreement on the consent for the use of the land by a majority of the defendant clan council, and all expenses to be restored to the original state shall be borne by the plaintiff," and the contents of the special agreement shall be as follows:

B. around May 2010, Defendant C, D, and E consented to the Plaintiff to use the instant land as an access road to a factory of the Jinjin system, and each written consent to the use of the instant land in the name of Defendant C, D, and E, including the minutes of the special general meeting on April 29, 2010 and the written consent to the use of the instant land in the name of Defendant C, D, and E.