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(영문) 수원지방법원평택지원 2020.05.22 2019가단673
손해배상
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. Basic facts

A. The Plaintiff is an owner of a 11867 square meters of D forest and 11867 square meters of land in Ansan-si, and of a 108.54 square meters of a multi-story housing (hereinafter “instant housing site and building”).

B. On May 8, 2017, the Plaintiff entered into a sales contract with the deceased to sell the instant site and building to KRW 820 million (hereinafter “instant sales contract”).

F attended as an intermediary of the instant sales contract, and Defendant B had the seal impression of the deceased whose health is not good, and participated in the conclusion of the sales contract and affixed the buyer’s seal impression on behalf of the deceased on behalf of the deceased.

C. According to the instant sales contract, the Deceased agreed to pay 82 million won out of the purchase price as of May 18, 2017 and the remainder 738 million won on June 20, 2017. The Deceased failed to comply with the agreement to pay the purchase price at all.

The Deceased requested the Plaintiff to pay the purchase price of this case in lump sum on the outstanding payment date, and requested the Plaintiff to allow remodeling work prior to the payment of the purchase price. Upon accepting this request, the Deceased commenced remodeling work by having the construction business operator start a remodeling work by removing a part of the building of this case as a blick, etc.

E. On December 27, 2017, the Plaintiff, upon the deceased’s failure to comply with the sales price payment agreement, served a content-certified mail to restore the deceased and the Defendant B to their original state until February 2018, as it occupied the instant building site and the building and removed the building and damaged trees, forest land, etc., for ten months. Around February 2018, the Plaintiff filed a complaint with an investigative agency on the suspicion of residential intrusion and damage.

F. On May 7, 2019, the Deceased died, and G and H among inheritors renounced their inheritance (Scheon District Court Decision 2019Ra106) and remainder.

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