logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.20 2019나75428
보증금 등 반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiff is omitted from defendant D, and the defendants are married.

B. On December 2017, the Plaintiff entered into a contract between the Defendants and the Defendants on the land owned by the Defendant for the Plaintiff, under which the Defendants were to establish other breeding farms and the Plaintiff’s lodging houses on the land owned by the Defendant for the Plaintiff (hereinafter “instant contract”). From December 11, 2017 to January 13, 2018, the Plaintiff paid the Defendants KRW 22 million as the expenses for the installation thereof.

C. On May 5, 2018, the Plaintiff decided to purchase both other 6 parts of the instant farm from E Co., Ltd. to KRW 30 million, and paid the down payment of KRW 5 million to the said farm.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The part on G land (specificly combined with G land on August 24, 2010; hereinafter “instant G land part”) with a higher area in F and G land at the time of resident residence owned by Defendant B between the Defendants and the Defendants for convenience.

(2) The Defendants agreed to install another breeding farm, etc. on the part of the G land of this case. Since the Defendants failed to perform the contract of this case, such as the establishment of another breeding farm, etc. at a place lower than the G land of this case, they seek compensation for damages equivalent to KRW 22 million for the cancellation of the contract of this case and the restoration to its original state, and KRW 5 million for the contract deposit of other shipbuilding purchase contract suffered by the Defendants’ nonperformance of obligation. 2) Even if the Defendants agreed to establish another breeding farm on the F when they reside adjacent to the G land of this case (hereinafter “F land”), the Defendants sold the instant F and G land to a third party and thereby the contract of this case results in the impossibility of implementation, the Defendants should pay KRW 27 million as compensation for damages.

B. The Defendants asserted that they were to set up a different breeding farm on the G land of this case, but they were to set up a different breeding farm on the G land of this case.

arrow