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(영문) 수원지방법원 2015.12.01 2015가단25934
계약금 상환 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C owned D forest land 3,384 square meters (hereinafter “E forest”). On March 7, 2011, Defendant C completed the registration of ownership transfer with respect to shares of 3,168/3,384 out of E forest land to Defendant B, who is the same birth, and completed the registration of ownership transfer with respect to shares of 79/3,384 out of the forest land on July 2, 2014.

B. (1) The Defendants were developing E forest as a site for electric source. On September 30, 2014, Defendant B concluded a sales contract (hereinafter “instant contract”) with the Plaintiff on the purchase price of KRW 132,750,000 for E forest land (hereinafter “instant forest land”) with respect to KRW 132,750,00 (the contract amount of KRW 13,275,000 for the remainder of KRW 119,475,00 for each payment on November 10, 2014).

(2) At the time of the conclusion of the instant contract, the seller: (i) at the time of the receipt of the balance of the purchase price, the seller shall deliver all the documents required for the registration of transfer of ownership to the buyer; and (ii) the delivery date of the forest of this case shall be November 10, 2014.

② The remainder payment date shall be automatically postponed if the delivery of the seller’s certificate of transfer of registration is delayed (hereinafter “instant special agreement clause”). (3) Where the area of the instant forest is different from the area stated in the contract as a result of the actual survey, it shall be calculated as KRW 750,000 per annum according to the increased or decreased area.

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