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(영문) 서울중앙지방법원 2014.07.24 2013가합510673

손해배상(기)

Text

1. The defendant shall pay to the plaintiffs KRW 19,353,113 respectively, and KRW 3,00,000 among them, from July 29, 2003, KRW 5,333,333.

Reasons

1. Basic facts

A. 1) The Plaintiffs entered into a land sales contract between the Plaintiffs and the Defendant, etc., and the Plaintiffs to the clan K (hereinafter “K clan”).

(2) On June 12, 2003, as a member of the clan registered in the name of the Defendant with the name of the Defendant’s agent on June 12, 2003, the 5,950 square meters of N forest land in the name of 5,950 square meters and P forest land owned by the Defendant were divided into 3,305 square meters and 1,170 square meters of land. The 3,305 square meters of O forest land were registered in Q 3,37 square meters around September 29, 2010, and the 990 square meters of R forest land, S forest land 734 square meters of land, T forest land 160 square meters of forest land, U. 654 square meters of forest land, and forest land Q 839 square meters of forest land, each of which was divided into 3,305 square meters (hereinafter “instant land”).

75,000,000 won shall be purchased and the down payment of KRW 7,000 shall be KRW 20,000 on the date of the contract; the intermediate payment of KRW 20,000,000 on the date of the contract; and the remainder of KRW 48,000,000 shall be paid by July 20, 2003 (hereinafter “instant sales contract”).

(2) On June 25, 2003, the Plaintiffs received the Defendant’s written consent to the use of blank land with the seal affixed only by the Defendant from M on June 25, 2003 and paid KRW 20,000,000 to M on the same day, after obtaining the Defendant’s seal impression for permission as graveyard.

Since July 9, 2003, the plaintiffs filled up blanks of the above written consent to the use of land, and obtained permission for the installation of a cemetery in the name of the clan from Masung City using it. From July 14, 2003 to July 16, 2003, the plaintiffs installed a charnel house and a new 10 clan tomb in the land of this case.

3. However, the Defendant refused to receive the remainder from the Plaintiffs on the ground that the instant sales contract was a sales contract by an unauthorized representation. On July 28, 2003, Plaintiff D deposited the remainder KRW 48,00,000 for the Defendant as the principal deposit under Article 487 of the Civil Act on the ground that the Defendant refused to receive the payment on July 28, 2003, as the principal deposit amounting to KRW 48,00,000, in accordance with Article 487 of the Civil Act. On the same day, Suwon District Court 203Kadan2414

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