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Reasons
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(영문) 전주지방법원 2016.01.07 2015가단2753
손해배상(기)
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1. The Plaintiff:

A. Defendant B’s KRW 22,240,00 and interest rate of KRW 15% per annum from November 16, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 25, 2005, I, the representative of the Plaintiff, drafted a sales contract (hereinafter “the first sales contract”) with respect to purchase of K forest 21,322 square meters (hereinafter “instant land”) at KRW 200,000,000 between J and J, Nam-si (hereinafter “instant land”).

B. As to the time of payment, the first sales contract states that KRW 30 million shall be paid on the date of contract; KRW 40 million in the intermediate payment shall be paid on November 25, 2005; KRW 80 million in the intermediate payment shall be paid on December 26, 2005; and KRW 50 million in the intermediate payment shall be paid on April 5, 2006; as to the graves located on the instant land, the seller entered into an agreement with the seller on April 5, 2006 that the seller shall bear the seller’s loss.

C. On November 25, 2005, the Plaintiff entered the first sale contract in I, not the buyer, and entered it in J, with a meaning of revising it. On November 25, 2005, the Plaintiff: (a) purchased the instant land in KRW 200 million; (b) executed a second sale contract with the content that the Plaintiff pays KRW 40 million in an intermediate payment of KRW 80 million on November 25, 2005 on December 26, 2005, as well as KRW 50 million on December 9, 2006 (hereinafter “the second sale contract”).

The Plaintiff paid the full amount of the purchase price to J by February 15, 2006, but the J did not dismiss the grave on the instant land, the J prepared a letter of performance that the Plaintiff will implement the grave on the instant land by April 5, 2006.

Defendant B 21/77 Defendant C 14/77 Defendant D 14/77 Defendant E-14/77 Defendant F6/77 Defendant G4/77 Defendant G4/77 Defendant H 4/777

E. On February 25, 2011, J died, and his heir as the heir, Defendant C, D, E, and Defendant G, grandchildren, Defendant F, and H, who were the wife, and their shares of inheritance are as follows.

F. The Plaintiff was unable to dismiss the grave above the instant land by J, and the Plaintiff is indicated in the attached Table on behalf of J.

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