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(영문) 대구지방법원김천지원 2014.04.25 2013가합211
손해배상 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The following facts of recognition are not disputed between the parties or may be admitted by taking into account the respective descriptions of Gap evidence Nos. 1, 2, and 5 to 8 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings:

The land of 371.1m2, D large 428.3m2, E large 1383m2m2 (hereinafter referred to as "each land before the division") is the land owned by the Feminial Association (hereinafter referred to as the "Feminial Association"), which was held in title by the clan members of the clan.

B. On May 28, 2006, a clan-friendly association organized a sales contract between the Defendant and the purchaser of each parcel of land before the subdivision and made the purchaser a direct sales contract with the clan-friendly association. The amount exceeding the amount agreed upon between the Defendant and the clan-friendly association in the course of concluding the sales contract shall be delegated to the Defendant with exclusive right to sell each parcel of land before subdivision so that the Defendant can cover the transactional merit bonus or litigation costs. On May 28, 2006, each parcel of land before subdivision is divided into a seller, the buyer shall be called as the “outstanding majority,” the Defendant’s convict, and the sales price shall be KRW 1.55 million.

C. On June 15, 2006, the Plaintiff entered into a second sales contract with the Defendant on each land prior to subdivision as G; the buyer is the Plaintiff; the buyer is the Plaintiff; the down payment is KRW 2.18.2 million; the down payment is paid on the date of the contract; the remainder KRW 2.038.2 million is paid at the time when the documents necessary for the registration of transfer of ownership have been prepared; and the period of payment is up to July 31, 2006.

After that, the defendant requests that the clan members increase the burden of expenses due to the refusal of the registration of transfer of ownership of the entrusted clans from the clan members and raise an objection to the purchase price on the sales contract of the clan members.

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