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(영문) 광주고등법원 2015.05.29 2013나4493
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On December 24, 2009, the Plaintiff: (a) heard from the Defendants that the said E forest land is not suitable for a new temple site; and (b) on December 24, 2009, the Plaintiff entered the instant forest land owned by Defendant B as KRW 332,450,00 (the intermediate payment of KRW 20,000,000 on the date of the contract, the intermediate payment of KRW 130,000,000 on the date of the contract, the intermediate payment of KRW 130,000,000 on December 28, 2009, the remainder of KRW 182,450,000,000,000, which is an F forest and forest land, and KRW 10,450,000 after December 29, 209 (in case of the instant forest and forest, the remainder of KRW 182,450,00,000 in accordance with the agreement between the Plaintiff and Defendant B.

) A contract to purchase (hereinafter “instant sales contract”) was concluded.

B. At the time of the conclusion of the instant sales contract, the Defendants stated to the Plaintiff that “The road is constructed on the instant forest and the entire forest of this case, and the temple may be newly built even in the case of the church site, as the entire forest of this case was granted a wooden permit.”

However, in fact, the Defendants did not obtain a timber permit with respect to the forest of this case, and the roads developed in the vicinity of the forest of this case were personally produced by G and did not have been constructed with permission, and Defendant B did not own the entire portion of the forest of this case planned by the Plaintiff as the temple Baro site.

C. On December 24, 2009, the Plaintiff paid the down payment of KRW 20,000,000 to Defendant B. On December 28, 2009, the Plaintiff, at the request of the Defendants, transferred KRW 100,000,000 to Defendant B as the repayment of loans to Defendant B in lieu of the payment of KRW 100,00,000 among the intermediate payments, and transferred KRW 100,000 to Defendant B as the repayment of loans to Defendant B, and on December 29, 2009, cancelled the registration of the establishment of a neighboring forest in the name of the Seocheon-gun Forestry Cooperatives, which was completed in the instant forest, and at the same time the registration of the ownership transfer is completed with respect to the instant forest (=32,450,000 - 20,000 - 1,000,000).

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