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(영문) 수원지방법원 2015.11.26 2014가합67983
매매대금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On September 2, 201, the Plaintiff entered into a sales contract with Defendant B with the content that: (a) the Plaintiff sold to Defendant B all trees (hereinafter referred to as “instant trees”) located in Gangnam-si D, E, F, G, H, and I total six parcels of forest land; (b) the contract amounting to KRW 30 million out of the purchase price was concluded; (c) the first intermediate payment of KRW 70 million in the first intermediate payment of KRW 10 million in the second intermediate payment of KRW 60 days after the first intermediate payment of KRW 100 million in the second intermediate payment of KRW 60 days after the second intermediate payment of KRW 100 million; and (d) the remainder of KRW 100 million in the second intermediate payment of KRW 10 million in the remainder of KRW 60 after the completion of the extraction work.

(hereinafter “instant contract”). (b)

On September 2, 201, the date of the instant contract, the Plaintiff entered into an additional contract with Defendant B on September 2, 201, on the payment of KRW 50 million in addition to the purchase price of KRW 400 million under the instant contract to the Plaintiff. Of which, at the time of the payment of the second intermediate payment, KRW 25 million, the remainder of KRW 25 million was paid at the time of the payment of the third intermediate payment.

(hereinafter “instant additional contract”). C.

Defendant B paid to the Plaintiff KRW 30 million, KRW 10 million on September 2, 201, KRW 20 million on August 27, 2012, KRW 50 million on September 13, 2012, KRW 30 million on December 30, 2012, KRW 20 million on December 30, 2012, KRW 50 million on November 25, 2012, KRW 20 million on November 30, 2012, and KRW 185 million on January 12, 2013.

Defendant B reselled the instant tree in KRW 470 million to Defendant C.

E. On September 28, 2012, Defendant C extracted all of the instant trees by excavating 604glus among the instant trees, 104glus among the instant trees on May 9, 2013, and 250glus among the instant trees on July 25, 2013.

F. On October 3, 2013, the Plaintiff drafted a written agreement with the Defendants as follows:

(hereinafter referred to as the “instant agreement”). Address of the written agreement related to the sale of pine trees: Gangnam-si, G, and five parcels (total six parcels) outside of Gangseo-si.

1. Until now, the contract is not concluded from Defendant C (B) who sold pine trees within the above diversity to pay the sale price of trees (sale) in accordance with the terms and conditions of the contract.

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