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(영문) 광주지방법원목포지원 2016.09.07 2015가단5284
손해배상(기)
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 19, 2014, the Plaintiff concluded a sales contract with the Defendant on May 19, 2014, with respect to the 5,554 square meters of land in Hagu-gun, Jeonnam-gun, the Plaintiff owned, and D 7,719 square meters of land for a factory, E 6,370 square meters of land for a factory, F.20 square meters of land for a G factory, 1,947 square meters of land for a factory, 2 buildings of single-story factories, and one attached building, as follows (hereinafter “instant sales contract”).

The following are the parts relating to the instant sales contract of this case.

Article 2 (Sale Price) Article 3 of the Trade Price) The name limit of land and building Article 3 of the Trade Price [The price shall be KRW 50,000,000 (Advance 30,000,000,000) shall be paid at the time of the contract, the intermediate payment of KRW 50,000,000 (at the time of creation of a land collateral security deposit) shall be paid at the time of May 30, 2014; the remaining amount of KRW 875,720,000 shall be paid at the presence of an intermediary on August 28, 2014]; the name limit of the land and building Article 3 shall be fixed on August 28, 2014. Article 5 (Plaintiff) shall be given to the purchaser (Defendant) all documents that can change the name at the time of receiving any balance.

Article 6 The buyer shall have the obligation to pay the full amount of the installment after the date of the balance from the seller by succeeding to the seller.

Matters of special agreement

1. A written consent to land use and a certificate of seal imprint shall be provided to a purchaser and a surface rights written consent shall also be issued;

2. The balance shall be the settlement key for the amount established as a collateral security at the time of payment.

B. On the other hand, on May 19, 2014, the Defendant entered into a contract with H farming association (the representative director is I, and the actual operator is the father of the Plaintiff’s representative director) to purchase KRW 189,280,000 square meters in the amount of KRW 2,984 square meters in the amount of KRW 35,000,00 in the amount, which is owned by H farming association (the Plaintiff’s representative director), and entered into a contract with M (the agentJ).

C. On May 19, 2014, the Plaintiff, the Defendant, H farming association, and M, respectively, and the Plaintiff, H farming association, and H farming association and M, respectively, with respect to the land size of the instant sales contract, and the said land size of 4,842 square meters, L 2,978 square meters, and the said land size of 2,984 square meters, which are owned by H farming association.

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