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(영문) 춘천지방법원영월지원 2016.02.04 2015가합191
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 27, 2007, the Plaintiff entered into a contract with the Defendants to purchase a total of KRW 6,402 square meters of KRW 2,443 square meters, E, forest land 3,019 square meters, and KRW 940 square meters prior to F, KRW 485,00,000 (hereinafter “instant sales contract”), which was owned by the Defendants, and entered into a special agreement as follows.

① Land G on the road part G was originally owned by H.

On the other hand, the contract is described as L, but it appears to be a clerical error.

(940 square meters) The exchange shall be registered prior to July 25, 2007 with D.

(2) The seller shall bear the expenses for registration of land (Defendant B) and the cost for tax generation shall be borne by the buyer.

B. Defendant B entered into an exchange contract with H on the G, which is 940 square meters in size and 942 square meters in size prior to G, which owned the said G land, (hereinafter “instant G land”), and completed the registration of ownership transfer with respect to the instant land on October 17, 2007, pursuant to the said exchange contract.

C. On October 27, 2007, the Plaintiff and the Defendants drafted a sales contract with Defendant B and buyer as Plaintiff’s punishment. The Plaintiff and the Defendants drafted a sales contract with the selling object as KRW 2,443 square meters prior to D prior to the instant land and the Gangwon-gun, Seowonwon-gun, and KRW 3,019 square meters of E forest. Accordingly, the Plaintiff and the Defendants received KRW 141,381,990 on December 4, 2007 and completed the registration of ownership transfer under I’s name.

On the other hand, around June 2007, H agreed to use the land of this case to be incorporated into the "Kro Packaging Corporation" by the head of Gangseo-gu Seoul Special Self-Governing Province on the road site without any condition such as land compensation, and agreed to use the land of this case and implement the project for the land incorporated into the road site in the future, and set up the land use and the written consent to use the land of this case to the effect that no objection is raised under criminal and civil law. On August 28, 2007, J completed the farmland packing construction including the land of this case.

[Grounds for recognition] without dispute;

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