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(영문) 대전지방법원 천안지원 2017.01.19 2015가단16664
임대료 등
Text

1. Defendant B shall pay to the Plaintiff KRW 64,151,612 and the interest rate of KRW 15% per annum from December 18, 2015 to the date of full payment.

Reasons

1. Claim against the defendant B

A. The part as to Defendant B in the “reasons for Claim” attached to the indication of the claim is as follows.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Claim against Defendant C and D

A. Basic facts 1) On May 15, 2015, the Plaintiff concluded a sales contract with Defendant C, D, with respect to each of the lands and buildings listed in the separate sheet, with KRW 5 billion (hereinafter “instant sales contract”).

(2) Upon the conclusion of the instant contract, Defendant C and D were notified of the return of the acquisition certificate of farmland on the ground that there was an unlawful change in the form and quality of the land stated in Section 5 of the attached Table of the Farmland Act, which is farmland for which the acquisition certificate of farmland was issued on July 24, 2015, on the same day pursuant to the instant contract, and on the same day, Defendant C and D paid the Plaintiff the down payment KRW 500 million.

3) Accordingly, around July 31, 2015, the Plaintiff, Defendant C, and D agreed on the following matters concerning the removal of illegal buildings and the restoration of farmland to their original state for the implementation of the instant sales contract. The remainder date of the instant sales contract is August 4, 2015. The amount of the sales contract shall be KRW 5 billion to KRW 4.92 billion. The Plaintiff shall prepare the sales contract. At the remaining time of the remainder, the period during which the Plaintiff transfers the ownership of the land and buildings listed in paragraphs (1) through (4) of the attached Table, excluding KRW 4.72 billion, 20 million, excluding KRW 20 million, out of KRW 4.92 billion, the purchase price of KRW 4.92 billion, and KRW 20 million, out of KRW 4.92 billion, the purchase price of KRW 200,000,000,000 shall be paid at the time of restitution of the farmland (excluding KRW 5.5 billion, which was already paid).

8. To conclude the above matters by February 27, 2016, and to KRW 200,00,000, which was withheld by an agreement under Article 2 when the above matters are completed.

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