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(영문) 대전지방법원서산지원 2016.08.23 2014가단6079
손해배상
Text

1. The Defendants jointly share KRW 7,746,200 with respect to the Plaintiff and Defendant B with respect thereto from July 25, 2014, and Defendant C with respect to the Plaintiff on July 25, 2014.

Reasons

1. Basic facts

A. On May 12, 2007, the Plaintiff entered into a sales contract with the Defendants on the purchase price of KRW 485,000,000 with respect to the pertinent two parcels of land, namely, KRW 11,066 square meters for D forest land, and KRW 10,314 square meters for E forest land (hereinafter “instant land”).

The main contents are as follows:

Sales proceeds: 485,00,000 won down payment: The remainder of KRW 90,000,000 shall be paid in June 25, 2007.

(b) If a seller or buyer under Article 6 (Non-performance of Obligations and Compensation for Damages) fails to perform any of the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Special Agreement : Acceptance of land use after any balance;

B. On June 22, 2007, Defendant B prepared a written confirmation that the seller shall be responsible for the relocation of the relevant grave (hereinafter “instant confirmation”) on the land of this case to the Plaintiff on June 22, 2007.

C. On June 8, 2010, the Plaintiff completed the registration of ownership transfer on the instant land.

On June 14, 2010, the Plaintiff demanded the Defendants to move a grave on the ground of the instant land to change the scope of the grave. However, the Defendants rejected the request.

In the vicinity of the boundary of 1,033 square meters of F forest adjacent to the 11,066 square meters of Dosan-si, Asan-si, there are two seedlings of G, and one of them is located at the boundary of the above land.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Gap evidence 16, Eul evidence 16, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendants concluded the instant sales contract on the premise that they did not have a grave on the instant land, and they did so.

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