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(영문) 부산지방법원 2015.02.12 2014가합10239
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 4, 2012, D’s representative director of the Plaintiff Company entered into a sales contract with the Defendants to pay down payment of KRW 85 million at the time of the contract (hereinafter “instant sales contract”) by purchasing KRW 5,619.86m2 (hereinafter “instant forest”) out of KRW 11,306m2 in Busan, Seo-gu E and F forest land in Busan, and KRW 11,306m2 (hereinafter “instant forest”).

D and the Defendants entered into the above sales contract, which entered into a contract and entered into a contract into a contract with the Defendants’ passbook and entered into this contract with the Plaintiff as the party, and entered into this contract at the bottom of the contract, “if the contract amount is unpaid, this contract shall be null and void.”

However, D did not pay the down payment on the above contract date.

B. On June 27, 2012, Defendant B entrusted part of the documents necessary for the procedure for the registration of ownership transfer of the instant forest to a certified judicial scrivener, and prevented Defendant B from using or returning them without the consent of D and the Defendants. On the same day, Defendant B prepared a memorandum of waiver that the said sales contract would become null and void in the event of a breach of contract while paying the down payment to Defendant B by July 31, 2012.

C. As the D could not pay the down payment by July 31, 2012, it sent an e-mail requesting the postponement of payment between Defendant B’s ASEAN. On the same day, G sent to D an e-mail with the purport of delaying the down payment by August 31, 2012, accepting the said request on the same day.

-a down payment of KRW 100 million shall be paid not later than August 31, 2012, as the undertaking.

- By no later than November 30 of this year, if the approval of the new construction permission by the private office has been reached.

- The above down payment of KRW 100,000 shall be refunded at the private office of the Council, if the approval is not given.

- shall not require any costs incurred in this sale, as existing commitments upon the refusal of approval.

D On August 30, 2012, G is the civil petition processing period, such as changing the form and quality of the down payment again, until November 10, 2012.

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