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(영문) 대전지방법원서산지원 2020.05.21 2019가합50733
계약금반환
Text

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 August 22, 2003, the Plaintiff concluded a sales contract with the Defendant to purchase KRW 15,924 square meters of C forest land in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant and the Defendant’s name (hereinafter “instant sales contract”), and agreed to pay KRW 250,000,000 on the date of the contract, and the intermediate payment KRW 1 billion on the date of the contract, within 10 days from the date the Defendant obtained permission for access to the said land, the remainder KRW 1.63 billion after the date of the payment of intermediate payments.

B. Since then, on October 10, 2003, 15,924 square meters of C forest in Chungcheongnam-gun, Chungcheongnam-gun, the subject matter of the instant sales contract was divided into 1,983 square meters of C forest land, 651 square meters of D forest land, 1,983 square meters of E forest land, 1,983 square meters of G forest, 1,983 square meters of G forest, 1,618 square meters of forest, 694 square meters of H forest, 1,297 square meters of J forest, 923 square meters of J forest, 88 square meters of K forest, 717 square meters of forest, 638 square meters of forest, 657 square meters of forest, 807 square meters of P forest, 1,085 square meters of forest land, and among this, G1,618 square meters of forest land was divided into 809 square meters of G forest and Q.

And on January 1, 2012, RRR was changed to Jin-si, Chungcheongnam-do, where the land belongs, due to the change of the name of the administrative district.

(hereinafter referred to as “instant land” in total, including the division of each of the above lands, and before and after the change of the name of the administrative district. [Grounds for recognition] There is no dispute, entry of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion paid KRW 250,000,000 on the date of the contract as the purchase price of the instant land, and KRW 50,000,000 during intermediate payment, even though the Plaintiff did not obtain permission for changing the form and quality of the instant land and access roads upon the Defendant’s request, the Defendant continued to implement the procedure for obtaining permission for changing the form and quality of the instant land and obtaining access roads to the instant land, but did not implement it until now. The instant sales contract was neglected for about 16 years without any performance provision or peremptory notice between the Plaintiff and the Defendant.

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