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1. The Plaintiff:
A. Defendant B’s KRW 23,00,000 and its related amount shall be 5% per annum from June 24, 2014 to January 8, 2019, and the following:
Reasons
1. Determination as to the claim against the defendant B
A. The following facts are acknowledged as to the cause of the claim. The Plaintiff entered into a sales contract with Defendant B on June 24, 2014, under which: (a) KRW 3,957 square meters of forests and fields D,957 square meters (hereinafter “instant land”) 660 square meters of forests and fields D,957 square meters from the Defendant B; and (b) KRW 230,000,000 of the price for the instant land; and (c) KRW 23,000,000 of the price for the purchase; and (d) KRW 23,00,000 of the price for the instant land shall be the remainder on the date of the contract, and KRW 207,000,000 of the down payment shall be paid after obtaining the construction permit for the instant land from the Defendant B (hereinafter “instant sales contract”).
B) On the same day, the Plaintiff paid Defendant B the down payment of KRW 23,00,000,000 among the proceeds under the instant sales contract. Meanwhile, around May 8, 2015, Defendant B sold 2/3,957 shares of each of the instant land to Nonparty F and G, and completed the registration of ownership transfer for shares of KRW 2/3,957 out of each of the instant land in the future.
In addition, on October 20, 2015, Defendant B sold the remainder of 3,953/3,957 shares of the instant land to H Co., Ltd. (hereinafter “H”), and on December 3, 2015, Defendant B completed the registration of ownership transfer for shares of 3,953/3,957 shares of the instant land.
2) According to the above findings, the obligation to transfer ownership of the instant land to the Plaintiff under the instant sales contract by Defendant B was omitted due to Defendant B’s transfer to F, G, and H of ownership of the instant forest land.
Therefore, the Plaintiff has the right to rescind the instant sales contract on the ground that it is impossible for Defendant B to perform the obligation to transfer ownership on the instant land.
I would like to say.
B. Meanwhile, the Plaintiff’s forest land in this case against Defendant B through the instant complaint.