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(영문) 의정부지방법원 2018.08.22 2017가합54999
손해배상(기)
Text

1. The Defendants jointly share KRW 224,00,000 to the Plaintiffs, and as to this, from September 25, 2017 to August 22, 2018.

Reasons

1. Basic facts

A. The Defendants entered into a sales contract between the Defendants and H. 1) On August 18, 2008, the Defendants indicated that the Defendants jointly own 1/4 shares of each of the Defendants to H only the Nam-si Il (hereinafter “Il”)

(2) A contract was concluded to sell part of J forest land of KRW 383,791 square meters, K 1,484 square meters, and L previous 6,268 square meters in KRW 3.2 billion. 2) A contract was concluded to sell part of J forest land of KRW 140,233 square meters (hereinafter “instant forest”) in Namyang-si, Namyang-si.

B. On March 3, 2014, the Defendants entered into a sales contract on part of the instant forest land with H as indicated by the Defendants’ agent (i) around 2013 with a power of attorney (Evidence A 3-1) to commission H with all rights to purchase and sell the instant forest land, to deposit down payment, intermediate payment, and to receive any balance (Evidence A-1-2). 2) On March 3, 2014, the Defendants concluded a sales contract on KRW 270,000,000 (contract deposit amounting to KRW 50,000,000, intermediate payment amounting to KRW 40,000,000, the remainder amounting to KRW 180,000,000) with respect to the purchase price of KRW 9,918 square meters among the instant forest land as indicated by the Defendants’ agent, and concluded the following sales contract:

hereinafter referred to as "the primary sales contract".

(A) The first sales contract was accompanied by the said delegation (Evidence A 3-1). Article 6 (In the event of default of obligations and the buyer or buyer’s default on the terms of this contract, the other party may give written peremptory notice to the default and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.

Matters of special agreement

1. A contract under the current state of a seller and a contract with 9,918 square meters out of the seller's shares in D, G, E, and F, and a contract with the seller's agent for the seller;

2. A condition that the seller bears the seller's expense to change the form and quality of the forest as an orchard and the condition that the contract will be cancelled when the change in form and quality would not be changed.

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