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(영문) 수원지방법원성남지원 2016.07.22 2015가단222950
변상금
Text

1. The Defendant’s KRW 30,000,000 as well as its annual 5% from November 24, 2015 to July 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 27, 2002, the Plaintiff completed the registration of transfer of ownership based on sale on September 3, 2001, with respect to each of the above lands as to the remaining shares on November 18, 2002 on the ground of co-owned property partition as of November 18, 2002, with respect to the portion of 3766/126248 square meters, among the 1,584 square meters of forest land C, D, 968 square meters, E, 805 square meters, and F, 178 square meters of land.

B. Meanwhile, on July 5, 2007, the Defendant: (a) awarded a successful bid of 11,722 square meters of woodland G in Suwon-si District (hereinafter “instant forest”); and (b) the same year.

8.2. The registration of ownership transfer shall be completed.

C. After that, on July 23, 2007, the Plaintiff purchased 261 square meters from the Defendant’s forest of this case from KRW 105,000,000, the down payment of KRW 30,000,000 on the day of the contract, and the intermediate payment of KRW 70,00,000 on the day of the contract.

8. In October 1, 200, the remainder 5,000,000 won is paid respectively on July 30, 2008, and if the defendant gives a reimbursement for a double of the down payment if he/she gives a contract deposit, and if the plaintiff gives a down payment, he/she shall give up the down payment.

(hereinafter “instant sales contract”). D.

According to the instant sales contract, the Plaintiff paid KRW 30,000,000 to the Defendant as down payment on July 23, 2007.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7, Eul evidence No. 1, Eul evidence No. 4

2. On August 10, 2007, the Plaintiff asserted that the Plaintiff intended to pay KRW 70,000 to the Defendant the intermediate payment of KRW 70,000,000,00 of the instant sales contract. However, the Defendant, while refusing to accept the instant sales contract, completed the registration of transfer of ownership on the share of KRW 1132/11892, out of the instant forest land, to the Epic Construction Co., Ltd. (hereinafter “Epic”) on April 28, 2015, on the ground of sale and purchase as of March 9, 2015, the instant sales contract became impossible due to the Defendant’s fault.

Therefore, the Plaintiff’s expression of intent to cancel the instant sales contract.

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