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(영문) 서울중앙지방법원 2015.12.24 2015가합531520
청구이의
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. The Plaintiff is a company with the purpose of housing construction business, housing and commercial buildings sales business, lease business, etc.

The defendant is a clan that is 14 years of age or older of D and is a Si creation.

B. On May 22, 2012, the Plaintiff entered into a sales contract. On May 22, 2012, the Plaintiff is entitled to the instant land: (a) 62,608 square meters from the Defendant, Young-gu Seoul Special Metropolitan City C forest land;

(2) The sales contract of this case (hereinafter referred to as the “instant sales contract”) shall be

(1) Sales amount: 13 billion won (a contract amount of KRW 3 billion, the balance of KRW 10 billion), graveyard transfer equipment, and other expenses (hereinafter “ cemetery transfer equipment”)

(2): 5 billion won (Article 1) (2) The Plaintiff pays the Defendant the down payment of KRW 3 billion on the date of the contract, and pays KRW 2 billion out of the remainder KRW 10 billion and the cemetery space equipment on May 23, 2012. At the same time, the Defendant receives the Plaintiff’s payment of the total sum of KRW 12 billion (2 billion of the cemetery space equipment KRW 10 billion) from the Plaintiff, and at the same time delivers all documents necessary for the registration of cancellation and transfer of ownership of the instant land (Article 2). ③ At the same time, the Plaintiff has completed the registration of ownership transfer of the instant land from the Defendant, and at the same time, establishes a right to collateral for KRW 3 billion in the remainder of the facility. If the Defendant transfers the entire cemetery space on the instant land to the Defendant, the Plaintiff shall pay the entire amount of KRW 3 billion to the Defendant within 10 billion after consultation with the manager of the instant grave within the period of KRW 3 billion (3 billion of the grave in this case).

If the defendant does not remove all graves for any reason until the above period, the defendant shall compensate the plaintiff for the damages amounting to five billion won.

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