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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Defendant is the owner of Gangseo-gun C forest land of 148,676 square meters and D forest land of 131,466 square meters (hereinafter referred to as “instant land” by aggregating the said land).
B. On May 27, 2017, the Plaintiff and the Defendant entered into a contract for the sale of forest trees (hereinafter “instant contract”) with the content that the Plaintiff would sell the relevant forest trees by paying KRW 60,00,000 to the Defendant with respect to approximately 20 hectares of ground trees (198,000 square meters) out of the instant land owned by the Defendant (hereinafter “instant contract”).
In addition, the important contents of the instant contract are as follows.
4. 매도금액 : 일금 六天 ‘千’의 오기로 보인다.
萬원정(\60,000,000) 본 계약은 산림관련 허가기관의 벌채에 대한 허가를 득하여 시행하여야 하며 상기와 같이 임목을 매도하기로 계약하고 계약금(일금 三千萬원정)은 계약서 작성 당일에 지급하고 잔금(일금 三千萬원정)은 동 임목에 대한 벌채 허가를 취득 후 벌채 개시 전, 일에 매수인은 매도인에게 지불하도록 한다.
The down payment shall be 10% of the total amount.
The contract of this case was written in the same text, but this behavior was written in the hands of the plaintiff.
6. The seller shall provide the buyer with all the documents required for the application by the permitting agency for felling the forest trees;
8. In case of violation of the above contract, the seller shall reimburse the down payment and the buyer shall waive the down payment.
(The contract shall be null and void if the contract price is not returned if the permission for felling is not obtained within the contract period, and the contract shall be automatically reversed) due to natural disasters, such as shock, fire, etc.
This behavior also entered the plaintiff in the finger language.
C. The Plaintiff from May 10, 2017 to the Defendant as part of the purchase price under the instant contract.
6.5. up to 5. A total of KRW 30,000,000 was paid.