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(영문) 대구지방법원 상주지원 2018.01.10 2017가단5791
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 13, 2014, the Plaintiffs entered into a contract with the Defendant to sell the pertinent land in KRW 1 billion (hereinafter “instant sales contract”) of KRW 3732 square meters and E miscellaneous land (hereinafter “instant land”), which is located within the scope of 3732 square meters and E miscellaneous land (hereinafter “instant land”).

B. The Defendant paid the Plaintiff the down payment of KRW 50 million on the day of the instant sales contract.

The intermediate payment of KRW 350 million was replaced by succeeding to the Plaintiffs’ existing loan obligations, and the remainder of KRW 600 million was agreed to pay on May 31, 2014.

C. The Defendant planned to establish an organic fertilizer factory on the instant land, but did not pay any balance by the payment date without obtaining permission for the establishment of a factory.

The Defendant filed a lawsuit against the Plaintiffs seeking the return of down payment of KRW 50,000,000,000 against the Incheon District Court Branch Decision 2015Da115031. On April 27, 2016, the Defendant was sentenced to a judgment dismissing the Defendant’s claim on April 27, 2016, which appealed under the Incheon District Court Decision 2016Na54377, and was sentenced to a judgment accepting most of the Defendant’s claims on December 21, 2016 (hereinafter “prior judgment”). The Plaintiffs appealed by Supreme Court Decision 2017Da206076, but the said appellate judgment became final and conclusive on April 28, 2017.

E. Meanwhile, the Defendant: (a) filed an application for provisional attachment on the instant land with the Incheon District Court Branch Branch of Busan District Court Decision 2015Kadan106777 as the preserved right; and (b) received the provisional attachment decision on August 12, 2015; and (c) filed an objection to the provisional attachment as the Incheon District Court Branch of District Court Decision 2015Kadan2145 on October 26, 2015; and (d) revoked the provisional attachment decision and dismissed the Defendant’s application for provisional attachment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8-1 and 2, the purport of the whole pleadings

2. The plaintiffs asserted before selling the land of this case to the defendant.

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