Text
1. Defendant C corporation: (a) KRW 103,120,000 to the Plaintiff (Appointed Party) and its related thereto, from January 25, 2010 to November 29, 2013.
Reasons
Basic Facts
On December 1, 2009, the Plaintiffs concluded a sales contract with the representative director D of Defendant C Corporation (hereinafter “Defendant Corporation”) to purchase KRW 3,306 square meters of F forest land E (hereinafter “the instant forest land”) owned by Defendant B (hereinafter “E”) at KRW 180,00,000 (hereinafter “instant sales contract”) and paid the said purchase price to Defendant B by January 25, 2010.
At the time of the instant sales contract, D prepared a performance memorandum and confirmation statement to the Plaintiffs in the name of the Defendant Corporation, and the contents thereof are as follows.
As to the instant forest land with Defendant B (agent: Defendant Corporation) on December 1, 2009, as to the sales contract with the Plaintiffs:
1. G is purchased by Defendant corporation, and documents necessary for authorization and permission of the forest of this case shall be provided;
2. The seller’s agent is responsible for giving permission to the forest of this case.
Provided, That the buyer shall be responsible for the expenses entered into the authorization or permission.
3. When the above 1 and 2 are proposed, this contract shall become void and shall return the down payment, intermediate payment, balance, and all other costs.
In order to go through a public road in the instant forest, it shall be more than 912 square meters of H forest and 912 square meters adjacent to the instant forest and field and 368 square meters prior to G.
(hereinafter the above site is called “H” and “G”, and the above two sites are combined as “the access road site of this case.” H is owned by Defendant B, I, and J. G is owned by K, and K transferred the right to use and benefit from the above G to Defendant B around February 2006.
The Plaintiffs obtained consent from the owner, etc. to use the land for the instant access road as the access road in order to obtain permission, etc. to construct housing on the instant forest land. Although I and J obtained consent to use H, Defendant B did not obtain consent to use the land for the remainder of the access road site.
e.g.