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(영문) 대전지방법원 천안지원 2018.06.20 2017가단110843
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The sales contract C between Co., Ltd and the Defendant sells 7,000 of the forest land of this case to the Defendant at KRW 2.1 billion.

The defendant shall pay C KRW 165,00,000,000 for April 27, 2012, and KRW 165,00,000 for August 10, 2012.

C shall perform a soil construction work with the approval and permission to establish a factory site in the real estate subject to the sale and purchase of this case in the name of the defendant.

If the Defendant does not pay KRW 165,00,000 by August 10, 2012, the Defendant shall waive all rights, including authorization and permission, and transfer them to C.

1) C Co., Ltd. (hereinafter “C”)

(2) On April 27, 2012, the Defendant and the Defendant are 29,653 square meters of the land of this case (hereinafter “the forest of this case”).

2) As to the sales contract (hereinafter “instant sales contract”) including the following:

A) The subject matter of sale was concluded. The Defendant, on April 30, 2012, paid KRW 95,000,000 to C for the purchase price of KRW 2,000 out of the instant forest land: KRW 700,000,000 until August 10, 2012. In a case where the Defendant does not pay KRW 95,00,000 by August 10, 2012, the Defendant shall waive all rights, including authorization and permission, and transfer them to C. 2) and the Defendant, on April 30, 2012, partially amended the terms and conditions of the instant sales contract as follows:

(hereinafter “instant modified contract”). (b)

1) The Defendant paid KRW 45,00,000 to C around April 27, 2012, but failed to pay KRW 95,00,000 until August 10, 2012. (2) The Defendant did not pay KRW 95,00,000 to C by August 10, 2012. As such, according to the instant modified contract, the Defendant renounced all rights, including authorization and permission, and transferred it to C.

However, as stipulated in the instant modified contract, the Defendant and C continued the procedure for applying for permission and authorization, the purpose of which is to build a factory site in part of the forest land in this case under the Defendant’s name, and eventually, on December 13, 2013.

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