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(영문) 창원지방법원마산지원 2017.05.31 2016가단7244
매매대금반환
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 November 4, 2009, the Defendant completed the registration of ownership transfer with respect to the forest land of 111,177 square meters (hereinafter “the forest of this case”).

B. On June 19, 2016, the Plaintiff, as the representative director of the Defendant, drafted a sales contract (Evidence A No. 1; hereinafter “instant sales contract”) with the following content, between D and D, which represents the Defendant as the representative director:

The indication of real estate: The sales price of the instant forest land shall be KRW 50 million, the down payment shall be KRW 550 million, the down payment shall be KRW 55 million, the balance of KRW 495 million (payment on November 18, 2015), and the seller shall deliver all documents necessary for ownership (registration) to the buyer at the time of receipt of the balance and shall cooperate in the registration of transfer.

(Article 5) In the event of the seller’s breach of this contract, the seller shall reimburse the amount of the down payment, and the buyer shall waive the down payment and not claim the return thereof at the time of the breach.

(1) The purchaser shall be registered as a director of a corporation after the contract.

(2) The buyer shall accept the corporation after paying any balance under a special agreement.

C. On June 19, 2015, the Plaintiff entered into a civil engineering design service agreement on forest land of this case (hereinafter “instant service agreement”) with Nonparty E (F Civil Engineering Design Office”) in the amount of service KRW 135 million (excluding value-added tax).

On November 9, 2015, Nonparty G completed the provisional attachment registration of KRW 509,595,191 (hereinafter “the provisional attachment registration of this case”) on the grounds of the decision of provisional attachment as of November 4, 2015, the amount claimed on November 4, 2015, for the forest of this case rendered by the Changwon District Court J, J, and the said provisional attachment registration was revoked on April 26, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 1 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff is unable to continue the instant service contract in accordance with the Defendant’s nonperformance of obligations under the instant contract and the said nonperformance of obligations.

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