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(영문) 수원지방법원평택지원 2017.12.20 2015가합9839
소유권이전등기
Text

1. The Defendants are paid KRW 814 million to the Plaintiff, and simultaneously are paid KRW 7601,000 from the Plaintiff.

Reasons

Basic Facts

On June 30, 2008, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant, etc. with Defendant B, C, and networkF (hereinafter collectively referred to as the “Defendant et al.”) on the purchase price of KRW 1.21 billion (hereinafter referred to as “pre-divisioned forest”) for the purchase price of KRW 1.24 million (12 million, the remainder of KRW 1.2 million, and KRW 94 million) located in the area subject to land transaction permission at the time, and the seller agreed to pay the remainder within seven days after the land transaction permission, and the seller of the graveyard bears the burden of the cost of relocating the graveyard.

On July 30, 2008, and August 13, 2008, the Plaintiff paid 520 million won in total as sales price under the instant sales contract, respectively, as contract deposit, as part of the balance, and as part of the remainder.

On January 28, 2009, H, the Plaintiff’s wife, on behalf of the joint buyers, sent to the Defendant, etc. a certificate of content that, on behalf of the joint buyers, it was impossible to obtain permission for development of forests and fields and land transaction permission, and thus, the instant sales contract became null and void. As such, the instant sales contract was final and void, and thus, returned KRW 520 million.

On behalf of the Defendant, on March 24, 2009, the networkF jointly filed an application for land transaction permission on behalf of the Defendant, etc., and thus, the said termination notification is invalid, and jointly filed an application for land transaction permission.

Around April 2009, the Plaintiff, Defendant, etc., and Defendant, etc. agreed to pay KRW 60 million in return for using part of the adjoining land owned by I as the access road to forest land before partition.

The Defendant, etc. paid KRW 30 million to I around that time under the above agreement, but the Plaintiff still did not pay the remainder of KRW 30 million to be borne by the Plaintiff.

. Forest land before its division.

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