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(영문) 의정부지방법원 2017.06.22 2016가단122751
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. On November 5, 2009, the Defendant completed the registration of creation of a collateral security (hereinafter “instant collateral security”) in the name of the Defendant, on the grounds of sale and purchase conducted on September 28, 2009, with respect to C forest land 4,298 square meters in Namyang-si, Namyang-si. On March 2, 2010, the Defendant completed the registration of creation of a collateral security (hereinafter “instant collateral security”) in the name of the Defendant on the ground of the contract concluded on March 2, 2010.

B. On March 24, 2010, C forest 4,298 square meters was divided into C forest 2,811 square meters, D forest 1,470 square meters, and E forest 17 square meters. On August 3, 2012, C forest 2,81 square meters was divided into C forest 2,042 square meters and F forest 769 square meters, and on August 3, 2012, D forest 1,470 square meters was divided into D forest 917 square meters and G forest 53 square meters.

(B) Before the division on August 3, 2012, 201, C forest land 2,811 square meters and D forest land 1,470 square meters (hereinafter “each of the instant lands before the instant subdivision”) is paid on December 30, 201.

The right to collateral security of this case also succeeds to KRW 30 million for loans to agricultural cooperatives.

Article 7 (Non-performance of Obligations and Compensation for Damages) (1) In cases where a seller or a purchaser has any non-performance of obligations under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed, unless otherwise agreed, the contract deposit shall be confiscated if the buyer has neglected it, and if the seller has neglected it, the seller shall be liable to compensate for the double of the contract deposit.

(2) The payment of the purchase price shall be based on the actual area.

(3) Part of two parcels shall be subdivided.

C. On September 26, 201, the Defendant entered into a contract with H to purchase KRW 1323 square meters of the land prior to each of the instant subdivisions (hereinafter “instant land”) with the Plaintiff’s agent (hereinafter “instant sales contract”). The Defendant entered into a contract with H to purchase KRW 70 million of the price.

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