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(영문) 수원지방법원 2016.01.15 2015가단4890
건물철거 및 대지인도
Text

1. As to the defendant's KRW 1,797,130,000 from the plaintiff and KRW 180,000 among them, the defendant shall make June 2004.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s conclusion 1) concluded a sales contract between the Plaintiff and the Defendant with D 15 years of age as a joint line, and the Plaintiff was a clan that had engaged in the activities of promoting friendship among descendants, such as gathering time festivals on October 15 each year, such as the protection of graves, the booms and the promotion of friendship among descendants. From June 18, 200 to January 16, 2006, F was in office as the president, the representative of which was the Plaintiff. 2) On June 7, 2004, the Defendant purchased the purchase price of KRW 20,557 square meters G forest (hereinafter “the instant forest”) between F and the Plaintiff’s representative on June 7, 2004, the purchase price of KRW 1,772,130,000 on the date of the contract, and the remainder of KRW 180,00,000 on the day of the contract, and the sales contract should be paid to the Plaintiff (hereinafter “the instant forest”).

B. The Defendant paid 180,000,000 won as down payment to F on June 7, 2004, which was on the date of the instant sales contract, and on August 10, 2004, paid 200,000,000 won out of the remainder of the sales price to F, and transferred 10,000,000 won to F’s account on August 11, 2004. (2) The Plaintiff urged the Defendant to pay the remainder of the sales price on August 27, 2004, and demanded the Defendant to pay 60,000,000 won as damages for delay in paying the remainder of the sales price.

Accordingly, on March 16, 2005, the Defendant paid KRW 1,317,130,000 in total by remitting KRW 1,243,60,000 to the account in the name of the Plaintiff and remitting KRW 73,530,00 to the account in the name of the Defendant’s general secretary at the time of the Defendant’s transfer of KRW 1,317,130,000 in total (=the remaining purchase price of KRW 1,292,130,00 in total).

C. In relation to the alteration of rights to the forest of this case and the construction of a new building under the name of the defendant, the plaintiff received the remainder of the purchase price and damages as above and completed the registration of transfer of rights in the future as to the shares of 3,557/20,529 out of the forest of this case on March 16, 2005, and the shares of 17,028/20,000 in the future of the defendant, the representative of the defendant, respectively.

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