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(영문) 서울고등법원 2014.12.16 2013나2029033
손해배상(기)
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 225,00,000 and the plaintiff shall pay to the plaintiff the amount of KRW 225,00.

Reasons

1. Basic facts

A. On April 2, 2004, the Plaintiff and G purchased 1193 square meters [6099/12198/12198/120), E (6099/2439/2439/2439/2439/249/2439/2439/2439/2439/24 of shares] of the Seo-gu Incheon Forest in the land transaction permission zone under the National Land Planning and Utilization Act from Defendant, E, and F] as follows:

(1) The sales price is KRW 1.8 billion. (2) The sales price is KRW 1.1 billion on the date of the contract, the intermediate payment is KRW 200 million on April 16, 2004, the intermediate payment is KRW 600 million on May 17, 2004, and the remainder of KRW 900 million on August 17, 2004.

B. The Plaintiff and G paid the Defendant, E, and F the down payment of KRW 100 million on April 2, 2004, and the total intermediate payment of KRW 800 million on August 13, 2004.

C. On July 28, 2004, the Plaintiff and G agreed with Defendant, E, F, and “The remainder of the instant sales contract shall be increased to KRW 1 billion, but the amount of KRW 500 million shall be paid to the Defendant and the remainder shall be paid to E and F.

On October 20, 2004, the Defendant completed the registration procedure for transfer of ownership with respect to 6099/12198/1219 of shares (hereinafter “instant shares”) among the 11993 square meters of land in Seo-gu Incheon Special Metropolitan City C forest from D.

E. On September 9, 2005, the Plaintiff and G had been sentenced by the Incheon District Court against the Defendant “The Defendant fulfilled the procedure for land transaction permission regarding the instant shares to the Plaintiff and G” (2004Gahap15344). The said judgment became final and conclusive on July 26, 2007.

F. On April 22, 2009, the Plaintiff and G filed an application for land transaction permission with the head of Seo-gu Incheon Metropolitan City, stating that the purpose of the instant sales contract was “forest management, such as forest creation,” and the purpose of the instant sales contract, with the head of Seo-gu Incheon Metropolitan City, for the land transaction permission regarding the instant sales contract. On May 6, 2009, the Plaintiff and G obtained land transaction permission from the head of Seo-gu, Incheon Metropolitan City.

(g) The instant land transaction permission. The Plaintiff and G are on February 24, 2010.

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