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(영문) 서울중앙지방법원 2016.05.13 2015가합571856
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 5,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from December 3, 2014 to May 13, 2016.

Reasons

1. Basic facts

A. (1) The Plaintiff was introduced by the Defendant, among the above forests, who owned 43,438 square meters of D forest land in Chuncheon City (hereinafter “instant 1 forest”) and 41,505 square meters of E forest land (hereinafter “instant 2 forest land”); and all the above forests and fields, respectively, “each of the instant forest land”).

on June 11, 2010, the Plaintiff and the Defendant drafted a real estate sales contract (No. 2, hereinafter “instant sales contract”) with the content that the Plaintiff’s wife F, his children G, H, and I purchase each of the instant forests from the Defendant (the actual purchase price agreed to be KRW 34 million), with the content that the Plaintiff’s wife F, G, H, and I purchase KRW 280 million (the purchase price agreed to be KRW 334 million).

F deposited the purchase price of KRW 340 million into the Defendant’s deposit account on the same day, and the Defendant, on the same day, prepared two copies of receipts (No. 1) stating “A Return” to the Plaintiff.

The defendant completed the registration of ownership transfer with respect to 1/4 shares of each forest of this case among the forest of this case on June 14, 2010 on the ground of the sale contract on June 11, 2010 to F, G, H and I.

B. On January 201, 201, the Defendant received contact from the Plaintiff to the effect that a grave is opened in each of the instant forests and fields because the grave was installed. As to the two graves discovered in the process of confirming it, the Defendant made a public announcement of the opening of the grave at the Plaintiff’s request, or received the promise of the opening of the grave from the pre-owner of each of the instant forests and fields.

C. (1) On April 8, 2013, the Plaintiff sent to the Jung-gu Seoul Special Metropolitan City Office, the Defendant’s employees at the time, a letter verifying the content that “In addition to the said 14th grave, the said 6th grave was added to the instant 1 forest and the instant 2nd grave, and the said 2nd grave was installed on May 9, 2013, to the effect that the opening of the said grave would be harmed on May 9, 2013, and on May 20, 2013, the said 6th grave was added to the said 2nd grave and its neighboring land.”

Sheet Defendant confirmed each of the above graves to the Plaintiff and opened the grave during the opening period, and around June 2013.

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