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(영문) 대구지방법원 2017.11.16 2016나311887
양도대금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. (1) On or around December 31, 2012, the Defendant concluded a loan agreement with the head of nutrition Gun with the term “a loan agreement between the head of the Gun with the term “a loan agreement between the head of the Gun and the head of the Gun with the term “a loan shall be made for the term of the lease of the instant Gun forest (hereinafter “instant Gun forest”) from the head of the Gun with the term “a loan to the term from January 1, 2013 to December 31, 2015” (hereinafter “instant loan agreement”).

(2) The instant loan agreement added the condition that “the purpose of use or profit-making shall not be modified without the approval of the nutrition group, or the sublease or disposal of the property permitted for use shall not be permitted.”

B. 1) On March 19, 2013, the Plaintiff entered into a transfer agreement with the Defendant (No. 1-1, hereinafter “instant transfer agreement”) with the following terms and conditions (hereinafter “instant transfer agreement”).

The Defendant concluded the instant military forest and approximately KRW 5,000 of the state forest adjacent thereto (hereinafter “instant state forest”), and the instant military forest and the instant state forest collectively referred to as “the instant forest”

(2) The Plaintiff’s forest land is transferred to the Plaintiff upon receipt of development compensation expenses. The principal amount is KRW 83 million: The remainder of KRW 58 million; the remainder of KRW 58 million shall be paid up to April 19, 2013. Additional: The State forest land in this case is held liable for registration in the farmland ledger. (2) The Plaintiff paid KRW 83 million to the Defendant from March 19, 2013 to April 2, 2013, and received the forest land in this case from the Defendant.

3) Around 2013, the Plaintiff leased the instant forest to E and received KRW 10 million for rent between three years. (c) On April 2013, the Defendant visited the business office of Young-gu State Forest Management to conclude a loan agreement with the Defendant with respect to the instant state forest in the name of the Defendant, but did not conclude a loan agreement. Rather, from April 2, 2014, the Defendant began to impose indemnity for unauthorized occupation of the instant state forest from around April 2, 2014.

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