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(영문) 수원지방법원성남지원 2015.12.22 2014가합207012
구상금
Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 20% per annum from October 23, 2014 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 13, 2013, the Plaintiff entered into a sales contract with the Defendant to sell KRW 2,503 square meters of Pyeongtaek-si C, which is owned by the Plaintiff, and KRW 8,455 square meters of forest land (hereinafter referred to as “instant forest land”) to the Defendant for KRW 2.7 billion of the purchase price (hereinafter referred to as “instant sales contract”), and the Defendant paid the down payment KRW 200 million to the Plaintiff on the date of the contract.

(A) In the instant sales contract, the Plaintiff and the Defendant agreed to pay to the Plaintiff the remainder of KRW 100 million within seven days after obtaining permission for conversion of mountainous district, and KRW 2.4 billion until October 31, 2013, the remainder of the sales contract for reporting to an administrative agency. In the instant sales contract, the Plaintiff and the Defendant agreed to pay the remainder of KRW 2.6 billion to the Plaintiff respectively.

B. The Defendant borrowed KRW 150 million from E to raise down down payment on the date of concluding the instant sales contract (hereinafter “the instant loan”).

In addition, according to the terms of the sales contract of this case, the Plaintiff set up a mortgage-mortgage E, the maximum debt amount of 200 million won, and the Defendant’s mortgage-mortgage (hereinafter “mortgage-mortgage”) with respect to the forest land of this case as security for the loan loan of this case to E.

C. The Defendant did not pay the purchase price excluding the down payment, since the procedure for permission for development of the instant forest does not proceed smoothly.

In addition, as the Defendant failed to repay the instant loan, E sent notice of scheduled auction of the instant forest to the Plaintiff and the Defendant, and on July 31, 2014, the Plaintiff repaid KRW 200 million, the maximum debt amount of the instant loan, including the principal and interest of the instant loan, to E, in order to prevent the auction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 (including all the branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. The above facts are examined as to the claim for indemnity.

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