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(영문) 서울중앙지방법원 2016.04.22 2015나40097
손해배상(기) 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determinations, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The plaintiffs claim that each of the instant sales contracts is null and void pursuant to Article 104 of the Civil Act, because they are significantly lost balance. However, in light of the circumstances leading up to the conclusion of each of the instant sales contracts and the fact that each of the instant sales contracts appears to have been concluded for the purpose of investing in high profits, the evidence submitted by the plaintiffs alone is insufficient to accept the plaintiffs' assertion, and there is no other evidence to acknowledge it. Thus, the above assertion by

B. The plaintiffs argued that each of the instant sales contracts was to sell and purchase 100 square meters of forest land. However, the plaintiffs did not complete the registration of transfer of ownership, but completed the registration of transfer of ownership only with respect to shares, which constitutes an incomplete performance and thus constitutes nonperformance of obligation. However, the area of forest land No. 1 in this case is 66,116 square meters, and the area of forest land No. 2 in this case is relatively larger than 2,884 square meters. The plaintiffs entered into each of the instant sales contracts with the knowledge that they purchase 330 square meters of forest land, which is part of forest land, not the purchase of specific parts among the forest land in this case. The each of the instant sales contracts stated that real estate subject to sale is 100 square meters of forest land (30 square meters of forest land) and that a seller delivers documents necessary for the registration of transfer of ownership to a buyer at the time of remaining receipt from a buyer, and that the plaintiffs submitted evidence that the registration of transfer of ownership is completed after subdivision.

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