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(영문) 대구지방법원 2014.09.23 2014가단102347
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was the owner of Youngcheon-si C and D Forest (hereinafter collectively referred to as “instant forest”).

On November 25, 2013, the forest land category of this case was changed as the cemetery category was also changed.

B. On October 9, 2012, the Plaintiff and the Defendant concluded a sales contract with respect to the trees planted in the instant forest (hereinafter “instant trees”) as follows (hereinafter “instant sales contract”).

【Written Sales Contract】

1. Location of trees under a contract: The amount of trees in Yeongdeungpo-si C and D permitted area: Article 1 (Management of Trees) (1) and Article 1 (Buyer B) and B (Buyer A) of the ten million won in total shall be jointly responsible for the management of trees, such as theft of trees, damage to trees, etc. by the date on which the shipment of trees is completed jointly;

(2) The liability for all the damage and safety accidents occurring in the course of transport shall be full charge.

Article 2 (Conditions for Payment of Price) (1) Total purchase price shall be KRW 60,000,000 (Won 60,000).

(2) The purchase price shall be deposited into the cash payment or designated account before extracting or removing trees B, and if unpaid, this contract shall be cancelled.

(3) The conditions for payment in installments shall be as follows:

1) Down payment: The sum of money (Won 15,000,000) shall be paid on the date of the contract. 2) The intermediate payment shall be paid in 2) the daily amount of money (Won 20,000,000) after the completion of presentation of permission and release certificates.

3) Balance: To pay the sum of KRW 15,00,000 in daily gold (Won 15,000,000) at the same time as the shipment, and to pay KRW 70,000,000 in daily gold, after taking out the total amount of 70%. Article 3 (Mining and Removal) (1) Safety extraction and removal of trees subject to sale (in the case of a difference of sale, it shall be borne and responsible for the difference of the trees by November 30, 2012).

(2) A change may be made according to the field conditions of B.

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