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(영문) 서울중앙지방법원 2020.08.19 2019나56212
토지 매매대금 반환 및 손해배상
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. On October 30, 2009, the Plaintiff entered into a contract to purchase KRW 165 square meters of 7,252 square meters of forest land in female-gun, Gyeonggi-do (hereinafter “instant land”) from E on October 30, 2009, and paid the full payment of the purchase price until November 30, 2009, which is the remainder payment date, but did not register ownership transfer; the Plaintiff notified the cancellation of the sales contract to E on or around December 24, 2018, there is no dispute between the parties.

2. The plaintiff asserts that since the sales contract was cancelled due to the reasons attributable to E, the defendants should jointly and severally pay the plaintiff a total of KRW 17,400,000 and a penalty for delay.

However, it is clear that the Defendants are not the parties to a sales contract, and otherwise there is no basis for the Plaintiff to assume the Defendants liable for the nonperformance of obligations under a sales contract.

The Plaintiff also asserts that the Defendants committed a tort, but there is no evidence to acknowledge it.

3. Thus, the plaintiff's claim against the defendants shall be dismissed in its entirety as there is no reasonable ground.

The judgment of the court of first instance with the same conclusion is legitimate, and all appeals against the defendants by the plaintiff are dismissed.

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