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(영문) 서울중앙지방법원 2018.04.04 2016가단54870
산지훼손복구비청구
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. shall be 11,808,270 won and its annual period from May 20, 2016 to April 4, 2018.

Reasons

1. Basic facts

A. The Plaintiff independently owns a 622m2, E forest, 612m2, F forest, 612m2, G forest, 319m2, and H forest, and 4,867m2. The Plaintiff is sharing 229m2 with J and K.

(2) Around May 2010, the Plaintiff obtained permission for mountainous district conversion for the exclusive purpose from May 28, 2010 to May 27, 2015 (hereinafter “instant permitted land”) with respect to the exclusive period as to D forest, E forest, F forest, and G forest among the instant forest land (hereinafter “instant permitted land”).

Since then, the period of conversion was extended by May 27, 2018.

B. On June 8, 2015, the Plaintiff entered into a sales contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the instant forest (However, I forest is limited to 47 square meters among 229 square meters) (hereinafter “instant contract”) and received the down payment of KRW 82 million on the date of the contract.

The main contents of the instant contract are as follows.

Article 2 (Sales Price)

1. The buyer (referring to the defendant company; hereinafter the same shall apply) shall pay the purchase-price to the seller (referring to the plaintiff; hereinafter the same shall apply) at the following intervals:

1) Sales proceeds: 820 million won: 82 million won; 4) Any balance remaining after no intermediate payment: 738 billion won; and 6 (Cancellation of Contracts) payment on November 10, 2015

1. Before the buyer pays any balance to the seller, the seller may cancel this contract by giving two times the down payment to the buyer and paying two times the cost of disposal of the work price, and if each of them pays any balance on the payment date of the balance, he shall waive the down payment and cancel this contract; and

Article 7 (Matters of Special Agreement)

1. A seller shall apply for authorization or permission in the name of a seller with respect to all unregistered parcels of land among the sale and purchase, and the buyer shall bear the costs of authorization or permission.

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