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(영문) 대구지방법원경주지원 2017.12.21 2015가합2911
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 17, 2014, the Plaintiff entered into the first sale contract of the instant case (hereinafter “instant forest”) with the Defendant, on June 17, 2014, the Plaintiff is 25,239 square meters of C Forest land owned by the Defendant (hereinafter “instant forest”).

(A) The sales contract (No. 1; hereinafter referred to as “the first sales contract of this case”) with the following content to purchase KRW 750,000,000,000 for the purchase price.

A) The sales contract for real estate was prepared. Paragraph 1 of Paragraph 2 of Paragraph 2 of Paragraph 1 of the Special Clause stipulating that the remainder of the down payment of KRW 750 million is KRW 200 million shall be secured at least 50 million (see design drawings). Of the down payment, KRW 80 million shall be paid up to June 27, 2014. The remainder shall be paid after the completion of the construction work. Paragraph 3 of Paragraph 4 of this Article: (4) plus the permitted area of KRW 2200 square meters and KRW 1300,000. The additional contract shall be reversed. Paragraph 5 of Paragraph 6 of this Article is subject to mutual agreement at the time of the occurrence of the transaction problem. The amount of the consulting cost shall be borne by the Defendant.) E prepares all the remainder of the sales contract except the personal information of the purchaser of the instant Claim 1 at the time of the preparation of the first sale contract of this case.

E entered himself in the first sales contract of this case as a observer, and affixed his seal on the observer’s column.

3) The Plaintiff paid KRW 120 million out of the down payment on June 17, 2014, which is the date of the contract pursuant to the first sale and purchase contract of this case, and paid KRW 80 million on June 27, 2014. (B) On July 8, 2014, the Defendant drafted a real estate sale and purchase contract (No. 3; hereinafter “the second sale and purchase contract of this case”) stating that the seller is the Defendant and the buyer as F, who is the child of E, with respect to the forest land of this case, on July 8, 2014:

The sales contract for real estate purchase price of KRW 750 million shall be paid and received at the time of the contract. The intermediate payment of KRW 300 million shall be paid on September 3, 2014.

Any balance of KRW 350 million shall be October 2014.

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