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(영문) 대구지방법원 2016.07.21 2015나4892
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under paragraph 2 below shall be revoked.

2.

Reasons

1. Basic facts

A. The Defendant purchased B miscellaneous land B on June 5, 2008 (hereinafter “instant land”) and completed the registration of ownership transfer on July 2, 2008 in its name.

B. On October 2010, the instant land was selected as the land subject to the “E District Farmland Remodeling Project” implemented by the Korea Rural Community Corporation, and its compartmentalization and rearrangement project was implemented around that time.

On November 23, 2012, the head of the resident branch office of the Korea Rural Community Corporation sent to the Defendant a notice of the land substitution plan to which the instant land was enclosed by registered mail on the ground that the said land substitution plan has been completed. The said notice reached the Defendant around that time.

The main contents of the land substitution plan are as follows:

The previous land: The amount of liquidation money paid (value assessed: 177,133,890 won): 10,228,660 won (=187,362,550 won - 177,133,890 won) at the time of residence, after replotting: B miscellaneous land (value assessed: 187,362,550 won): 17,13,890 won at the time of residence;

C. On June 5, 2013, the Do Governor approved the above land substitution plan (including the above land substitution plan) as applied by the Korea Rural Community Corporation pursuant to Article 26(6) of the Rearrangement of Agricultural and Fishing Villages Act, and announced it around that time.

On June 14, 2013, the Plaintiff purchased the instant land from the Defendant with a price of KRW 215 million, and concluded a sales contract with the Defendant to pay the remainder KRW 21.5 million on the date of the contract, and the remainder KRW 193.5 million on July 12, 2013 (hereinafter “instant sales contract”).

According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 21.5 million on the same day, but did not pay the remainder on the payment date of the remainder.

E. Following the completion of the instant project on November 18, 2013, the instant land was finally substituted with C 8,059 square meters at the time of residence under the previous authorized land substitution plan (hereinafter “after land substitution”).

F. The Plaintiff is the Plaintiff.

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