beta
Text
1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from April 16, 2015 to October 11, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On August 5, 2009, the Plaintiff entered into a sales contract with the Defendant for selling the purchase price of KRW 600,000,000 on the purchase price of KRW 15,139 square meters for Hongcheon-gun C (hereinafter “Secheon-gun C”), which was owned by the Plaintiff (hereinafter “Secheon-gun C”), with the Defendant, and determined that the Plaintiff’s graveyard in the said forest was transferred to March 31, 2010 as a special agreement.
(hereinafter “instant sales contract”). B.
On the same day as the above sales contract, the Defendant divided and transferred 100 square meters out of E forest land (hereinafter “the instant forest”) to the Plaintiff for the purpose of funeral, and prepared and delivered a written statement to the Plaintiff that the remainder payment and transfer of the instant sales contract are simultaneously performed.
(hereinafter referred to as “each of the instant statements”). 【No dispute exists, Gap evidence Nos. 1, 5, Eul evidence Nos. 1, 1 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings.
2. The assertion and judgment
A. The plaintiff's assertion that although the plaintiff moved to a cemetery under the agreement with the defendant, the defendant did not perform his duty to divide and transfer the forest land of 100 square meters to the plaintiff at the time of the sales contract of this case and the contract of this case, since the defendant did not perform his duty to install facilities such as roads, etc. around the cemetery, and the plaintiff constructed a road around the cemetery. Accordingly, the plaintiff sustained 50,000,000 won for the cost of graveyard purchase x 10,000 won for these facilities x 100,000 won for these facilities x 100,000 won for these facilities, and thus the defendant was liable to compensate for the damages.
In regard to this, the Defendant stated that the Plaintiff transferred 100 square meters of forests and fields for graveyard use to the Plaintiff when the Plaintiff transferred the graveyard to the forest of this case. However, the Plaintiff transferred the graveyard to the Defendant without permission on the land F in the Defendant’s golf course business site, and enormous loss to the Defendant.