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(영문) 부산지방법원 2018.01.11 2016가단342339 (1)
손해배상(기)
Text

1. The Defendant received from the Plaintiff on March 28, 2014 the Ulsan District Court Yangsan District Court Yangsan-si registry office with respect to the area of 532 square meters in Yangsan-si.

Reasons

1. The facts of recognition (i.e., Yangsan-si C 532 square meters (hereinafter “C land”) owned by the Defendant. On March 15, 2014, the Defendant, on the part of the Plaintiff, sold the said land to the Plaintiff KRW 160 million (hereinafter “the purchase price in this case”). The down payment of KRW 10 million is paid on the date of the contract, and the remainder of KRW 150 million is paid on March 28, 2014, the Defendant shall reimburse the Defendant for the double amount of the down payment for the down payment and the down payment of KRW 150 million is not able to claim the return thereof (Article 7 of the contract).

(hereinafter “the instant sales contract”). The Plaintiff and the Defendant concluded the instant sales contract and concluded a special agreement with the following terms:

In order to use the buyer's land as soon as the sales contract is immediately executed, the seller opens the road under the responsibility of the seller.

1. The buyer agrees to the common use of the roads established. The buyer agrees to the establishment of a collateral security for the construction of roads (hereinafter referred to as the “instant special agreement”). The seller agrees to the establishment of a collateral security for the construction of roads on the 1,039 square meters of D forest land (hereinafter referred to as the “D forest”)

2. 【Special Agreement”. Consolidatedly, the Plaintiff paid all the purchase price to the Defendant, and the registration of ownership transfer concerning C land as stated in the purport of the claim (hereinafter “instant transfer registration”).

Upon completion of the instant case,

2. According to a special agreement, the establishment registration of divided superficies, which reads as “the ownership, scope, etc. of buildings, other structures, or trees: 31 square meters south of the building, or structure, duration: 30 years from the date of registration, and land rent: None,” as stated in the purport of the claim regarding D forest land owned by the Defendant (hereinafter “registration of establishment of divided superficies of this case”) has been completed.

x. The Plaintiff visited the Defendant several times on August 24, 2016 and visited the Defendant.

1. On September 3, 2016, a motor vehicle and a person for the Plaintiff’s use of land, as the Defendant continuously requested the construction of a road under a special agreement, but did not implement it.

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