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(영문) 수원지방법원 2017.03.03 2016가단25696
토지인도등
Text

1. The Defendant shall deliver to the Plaintiff a forest A with a 1712 square meters in the time of harmony.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Evidence (A, A2-1, 2, A3-1, 2);

2. Indication of claim; and

A. The Plaintiff is a stock company with the purpose of real estate development business, real estate sales business, real estate sale and lease business, and the Defendant is a stock company engaged in collection business such as scrap metal and non-ferrous metals, and general waste disposal business.

B. The Plaintiff is developing and selling the forest land B after being entrusted by C when it is commercialized.

On August 26, 2014, the Plaintiff concluded a sales contract with the Defendant to sell approximately KRW 500,000,000 for the purchase price of KRW 410,000 for the land and KRW 410,000 for the said land, and the Defendant agreed to pay KRW 15,00,000,000 for the down payment of KRW 1.3 million until September 2, 2014.

In addition, if the defendant fails to pay the down payment by September 5, 2014, the sales contract becomes null and void, the down payment belongs to the plaintiff, and the defendant agreed to return the delivered land.

C. The Plaintiff developed the said land and transferred it to the Defendant, at the time of harmony, 1,712 square meters of A forest land (hereinafter “instant land”). D.

The Defendant did not pay the down payment by September 5, 2014, and the Plaintiff sent a content-certified mail that cancels the sales contract and seeks to deliver the instant land, and the said mail reached the Defendant on October 8, 2014.

E. Therefore, the defendant shall deliver the land of this case to the plaintiff.

3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).

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