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(영문) 춘천지방법원 2019.10.02 2018가단58031
기타(금전)
Text

1. The defendant shall pay 16,50,000 won to the plaintiff and 12% per annum from August 14, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of 1,488 square meters prior to C in Chuncheon (hereinafter referred to as “the instant trade land”).

The non-party D, the defendant's remaining living together, is the owner of the area of 1,392 square meters prior to Chuncheon City.

D If the Defendant’s purchase and sale land of this case and D owned land were to have a farm house, it is used as a access road after obtaining permission from the competent authority on the part adjacent to the sale land of this case, F, F, 43,660 square meters (hereinafter “the part regarding permission to occupy and use the land of this case”) and 151 square meters adjacent to D owned land under the name of his/her spouse with permission to occupy and use a dry field farming house under the name of his/her spouse, and the part concerning the 159 square meters of the above ditch (hereinafter “the part regarding permission to occupy and use a river”) is being used as a access road after obtaining permission to occupy and use a road from the competent authority.

B. On April 27, 2018, the Plaintiff entered into a contract with the Defendant to purchase the instant land owned by the Defendant at KRW 165 million (the contractual amount of KRW 16.5 million, the balance of KRW 149 million, and the remainder payment date of May 25, 2018). The main contents of the contract are as follows.

Before the buyer pays the balance to the seller, the seller may reimburse the sum of the down payment, waive the down payment and rescind this contract.

Where a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

The parties to a contract may claim damages due to the cancellation of contract to the other party, and the down payment shall be considered as the basis for damages, unless otherwise agreed.

[Matters of special agreement] The seller is a condition that the seller succeeds to the permission to occupy and use the land in front of the land

C. The Plaintiff paid the Defendant the down payment of KRW 16.5 million on the day of the contract.

The defendant obtained permission to occupy and use the F ditch in Chuncheon City from the plaintiff 43,660 square meters.

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