(영문) 창원지방법원거창지원 2015.07.23 2014가합620

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(영문) 창원지방법원거창지원 2015.07.23 2014가합620

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. Facts of recognition;

A. On January 27, 2014, the Plaintiff: (a) leased approximately 2,311 square meters of the instant forest owned by the Defendant, among approximately 97-1 square meters of land owned by the Defendant, in order to secure access roads while carrying out a project for the construction of solar power plants in the Sing-gun, Sing-gun; and (b) entered into a sales contract with the Plaintiff to purchase the leased portion in the event that the mortgage and superficies-related loans created in the instant forest are resolved in the future.

B. The main contents of the lease agreement entered into between the Plaintiff and the Defendant (hereinafter “instant lease agreement”) and the sales contract (hereinafter “instant sales contract”) are as follows.

1) Articles 1 and 2 of the instant lease agreement: approximately 2,311 square meters ( approximately 700 square meters; hereinafter “the instant lease”) out of the instant forest land subject to lease.

(2) According to the special agreement, a special agreement between January 27, 2014 and January 26, 2016: (a) 1, 2,000 won of the instant sales contract (i.e., the remainder of KRW 6,720,000 (i.e., the remainder of KRW 15,680,000): - A mortgage and superficies have been established on the instant lease leased as an access road to a solar power plant; (b) 2,40,000 won of the instant sales contract at the time of the expiration of the lease term: (c) 2,40,000 won of the instant sales contract; and (d) 1,680,000 won of the remainder of KRW 15,00:

-The purchase price shall be 32,000 won per square meter for the area finalized at the time of further subdivision surveying.

- The proceeds of sale and purchase and any balance shall be paid at the time of transfer in name.

C. On January 1, 2014, the Plaintiff received a written consent from the Defendant to use the instant forest, and on February 19, 2014, drafted a written consent to use of superficies from the Jeonbuk Bank, which had established collateral security (the maximum bond amount of KRW 715,00,000) and superficies (the superficies amount of KRW 30 years) with respect to the instant forest.

On April 2014, the Plaintiff’s written consent from the head of Chang Chang-gu.

유사 판례

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