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(영문) 전주지방법원 2015.01.16 2014가단6000
매매대금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. On October 2008, Defendant B received a proposal from the Plaintiff’s husband D to “exploiting pine trees planted in the forest and field E located in the former North Korean forest and sold them,” and then transferred approximately 146 pine trees (hereinafter “instant pine trees”) on the ground, such as approximately 2,936 square meters, etc. of the G in the former North Korean forest and field, he leased from F.

B. On November 10, 2008, D drafted a memorandum of consultation with Defendant B as follows:

“D shall pay KRW 80 million to Defendant B immediately after selling the instant pine trees and receiving any balance. The Defendant shall faithfully manage it until pine trees are sold. If the instant pine trees are not sold by December 31, 201, it shall pay KRW 80 million at the business price to Defendant B (hereinafter “instant consultations”).

C. According to the instant consultation, Defendant B established container stuffs, etc. and managed the instant pine trees.

On February 10, 2014, the Plaintiff acquired the right to the instant pine trees and the status of D following the instant consultations with Defendant B, jointly with Defendant C, sold KRW 130 million out of the instant pine trees in KRW 40 million, but the Plaintiff received KRW 340 million on the date of the contract and paid KRW 60 million in the remainder until March 31, 2014, and Defendant C agreed to pay KRW 20 million out of the instant pine trees until December 30, 2015.

(hereinafter “instant sales contract”). D.

Defendant C deposited KRW 340 million in the Defendant B’s deposit account on the day of the instant sales contract. Defendant B withdrawn money from the said deposit account and paid KRW 250 million to the Plaintiff. Defendant C paid KRW 20 million to H.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff's assertion (1) D is the plaintiff's assertion.

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