(영문) 서울중앙지방법원 2016.09.27 2015가단5397872

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(영문) 서울중앙지방법원 2016.09.27 2015가단5397872

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 16, 2005, C decided to purchase 4,000 square meters of D Forest No. 21,616 square meters (hereinafter “the forest before the instant subdivision”) in Namyang-si, Nam-si, the Defendant owned on June 16, 200, and paid the down payment KRW 100 million to the Defendant.

B. The Defendant, who did not pay part payments, rescinded the said sales contract, but again, concluded a sales contract with C on the following terms: (a) selling KRW 350,000,000,000, out of the forest land before the instant division; (b) recognizing the down payment of KRW 100,000,000,000, which was paid earlier as the sales price; and (c) additionally receiving the remainder of KRW 15,00

C paid 11 million won out of the remainder of the purchase price of KRW 15 million to the Defendant on January 12, 2006, respectively.

C. On May 18, 2010, the Defendant completed the registration of ownership transfer with regard to 350 square meters (hereinafter “the instant forest”) among the forest land before the instant partition, which was divided into E, and was converted into F on May 17, 2010, and divided into G 590 square meters and H95 square meters on the same day, respectively; hereinafter “the instant forest”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion is obligated to complete the registration of transfer of ownership of the forest of this case to C pursuant to the sales contract of this case.

However, by completing the registration of ownership transfer to I for the forest of this case, the defendant's obligation to transfer the above ownership to C became impossible.

Therefore, the defendant is liable to compensate C for the above impossibility of performance.

C Since the Plaintiff transferred the damage claim amounting to KRW 100 million against the Defendant, the Defendant is obligated to pay KRW 100 million to the Plaintiff.

3. Determination

A. The Plaintiff concluded the instant sales contract with C on the instant forest land and completed the registration of ownership transfer to I, as seen earlier, but further, this case.

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