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(영문) 전주지방법원군산지원 2015.12.24 2014가합11828 (1)
손해배상(기)
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 69,469,99 and 5% per annum from August 11, 2015 to December 24, 2015.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff sold KRW 658,00,000 (contract deposit 65,000,000 intermediate payment 20,000,000 for intermediate payment 2,00,000, 393,000,000 for remainder payment 393,00,000,000) to the Defendant, in response to F’s proposal, that the Plaintiff would sell a forest E, 15,563 square meters of forest land, and that the Plaintiff would sell a detached house after conversion of a mountainous district, with the purchaser’s name as the Defendant.

After that, F proposed that the Plaintiff would divide the forest land into several parcels, resell the unregistered resale, and pay the purchase price to the money received from the purchaser, and the Plaintiff consented to this and delegated F with the right to sell the forest land.

B. On April 13, 2012, F: (a) the Plaintiff was the seller; (b) sold KRW 243,00,000 of G forest land divided in the foregoing forest and field (hereinafter “instant forest land”) to H in the purchase price of KRW 33,00,000; (c) on April 17, 2012, the Plaintiff sold KRW 862,000,000 in the annual forest and field (hereinafter “instant forest land 2”) to J; and (d) sold KRW 937,00,000 in the total purchase price of KRW 221,00,000 in the purchase price to L.

After that, F paid to the Plaintiff KRW 70,000,000 as an intermediate payment.

C. At the time of sale of forest land to J and L, F agreed to complete construction permission, etc. from M in which Defendant B was the representative director, but instead, permission for mountainous district conversion was revoked since it was subject to punishment for violation of mountainous district law by gathering earth and sand outside the area where permission for gathering earth and sand was obtained (the Plaintiff’s consent was obtained in relation to gathering earth and sand).

The J and L filed a lawsuit against the Plaintiff, the seller under the contract of sale and purchase (this Court 2013Gahap1135), and the decision to recommend reconciliation that “the Plaintiff shall pay the J and L a sum of KRW 171,469,99 won at the same time as the transfer registration of forest land is cancelled.”

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 3, and 6, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendants and F were jointly buyers and sold forest land, and the intermediate payment was made by them.

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