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(영문) 대구지방법원상주지원 2015.06.24 2014가단4605
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into the first sales contract between the Plaintiff and A on June 3, 2013, concluded a sales contract with the Plaintiff to purchase KRW 109,845 square meters of B forest land (hereinafter referred to as “instant land”) for KRW 147,500,000 (hereinafter referred to as “the first sales contract”), and paid KRW 15 million as the down payment.

B. 1) A contract between the Plaintiff and the Defendant for the collection of earth and rocks is a company which entered into a contract for the collection of earth and rocks to supply earth and rocks for earth and rocks to Han new public corporation, a contractor for the expansion of national land in the vicinity of Ho field. 2) The Defendant entered into a contract for the collection of earth and rocks with the Plaintiff on July 2, 2013 for the supply of the said earth and rocks (hereinafter “the instant contract for the collection of earth and rocks”). The main contents are

2. The Plaintiff, as the owner of the instant land, obtained the authorization or permission for the gathering of earth and rocks in the name of the Plaintiff.

3. The defendant is responsible for all kinds of service costs necessary for the authorization and permission (such as civil engineering design environment assessment, pre-disaster assessment resident petition, etc.) so that the plaintiff can obtain the authorization and permission for collection of earth and rocks.

4. The defendant obtained the approval or permission of the collection of earth and rocks, and proceed with construction work according to the civil engineering design drawings and takes the responsibility for completion inspection.

9. The plaintiff and the defendant shall faithfully assume their responsibilities according to the terms of the contract for the collection of earth and rocks in this case and shall compensate the plaintiff and the defendant for damages of KRW 50 million, respectively, when they violate the provisions of paragraphs 1 through 7.

(c) When the administrative agency has rejected the earth or stone collection contract of this case;

C. 1) The Plaintiff, along with Nonparty C on July 8, 2013, concluded the second sales contract between the Plaintiff and Nonparty A, again concluded a sales contract with respect to the instant land (hereinafter “the second sales contract”) with Nonparty C.

(2) On July 16, 2013, the Plaintiff entered into the second sales contract, and the purchase price is KRW 167,50,000,000. (2) and the Plaintiff, together with C, as to the instant land on July 16, 2013.

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