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(영문) 수원지방법원 2016.12.22 2016가단507310
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 11, 2015, the Plaintiff entered into a sales contract with the Defendant on June 15, 2015 with the content that the purchase price of KRW 201,300,000 shall be determined as KRW 200,000 with respect to the forest land owned by the Defendant (hereinafter “instant forest land”) and the intermediate payment of KRW 10,000 on the date of the contract, the intermediate payment of KRW 10,000 on May 16, 2015, and the remainder of KRW 171,30,000 on June 15, 2015 (However, the remainder payment date is within 10 days after obtaining the building permit, as seen below, as seen in paragraph (4) of the same special agreement).

(hereinafter “instant trade”). At the time, the Plaintiff and the Defendant stipulated the following matters as the special terms of the instant trade:

D CD

B. On May 16, 2015, the Plaintiff paid 20,000 won of the down payment, and 10,000,000 won of the intermediate payment, respectively, to the Defendant.

C. In the forest of this case, in addition to the four days indicated as “relic burials” under the special agreement, the parties at the time of the sale and purchase of the forest of this case recognized as “relic burials” at the edge of the forest of this case as “relic burials,” but there were two seedlings, the relatives of which cannot be known (hereinafter “additional burials”).

Although the Defendant spent KRW 5 million around May 11, 2015, and moved to the fourth flag corresponding to the “fluoral tomb seedlings” as indicated in Paragraph 1(1) of the Special Agreement, the Defendant did not change to the present two-year period for additional relics and seedlings at the edge of the instant forest land.

On August 5, 2015, the Defendant completed a construction report on the construction of a detached house with a total floor area of 98.19 square meters in the instant forest under his/her own name (as stated in the special agreement, 3.3. and 4.).

On November 23, 2015, the Defendant issued a permit for relocation of 27 plants in the instant forest from the Ethyp on November 23, 2015. On November 29, 2015, the Defendant laid the 15th of them in F Park Burial.

The defendant laid the rest of 12 years of burial and publicly announced the reburial of the tombstone, and confirmed that the remains of the deceased have been excavated.

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