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(영문) 대전지방법원 2015.09.24 2014가단14259
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 2013, the Defendant concluded a sales contract with B and three other parties as follows.

The terms and conditions of a special agreement on July 5, 201, 200 won for the remainder of KRW 480,000,000 to the seller at the time of the contract to pay to the seller at the time of the contract, KRW 120,000,000 for the purchase price of D forest land 19,835m2,000 m20,000,000,000, which is a public land for sale (hereinafter “the instant forest”).

1. Transfer of ownership shall be an agricultural corporation;

2. Access roads (E and F) shall transfer the ownership of an agricultural corporation to secure roads necessary for authorization and permission.

Provided, That the land expenses shall be gratuitously transferred within ten square meters, and the land expenses shall be paid at the additional time.

When securing the above road, the buyer approves the use of G road.

B. B and three others paid the Defendant the down payment of KRW 120,000,000 on the date of the conclusion of the above sales contract, and the most remaining balance of KRW 476,000 on June 25, 2013, respectively.

C. According to the above special agreement, the Plaintiff entered into a sales contract with the Defendant on May 28, 2013 as follows (i) with respect to the instant forest and access roads, and (ii) with respect to the instant forest and access roads, each of the following sales contract (hereinafter “first sales contract”).

The purchase price of the instant forest land in this case is KRW 120,000,000 for the down payment of KRW 596,000,000 for the purchase price of forest land in this case and KRW 476,000,000 for the remainder payment of May 28, 2013 shall be as follows:

1. Consultation on the repreparation of a sales contract and registration for relocation after the subdivision survey;

2. A seller shall provide all the documents required for the transfer of ownership after the partition survey;

3.The down payment and any balance shall be subsequently consulted.

On October 28, 2013, the Defendant donated 1/6 shares in relation to H, I, J, K, L, and M, E 78 square meters (hereinafter “E road”) and 1/6 square meters (hereinafter “F road”), each of which is 1/6 square meters (hereinafter “the access road of this case” in combination with both, and “the access road of this case”), respectively, to H, I, J, K, L, and M, and on November 8, 2013.

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