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(영문) 대구지방법원안동지원 2017.08.30 2016가단22004
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. On March 23, 2015, the Plaintiff entered into a contract with Defendant A for the spring drilling on approximately KRW 8,000 of the six parcels, namely, D and six parcels.

The purchase price was agreed as KRW 28 million (contract deposit of KRW 14 million, remainder of KRW 14 million, and KRW 14 million), and on April 27, 2015, the Plaintiff paid KRW 14 million to Defendant A as contract deposit.

At the time of the above sales contract, the defendant A is responsible for the management of agricultural crops until the shipment of the agricultural crops to prevent the occurrence of defects, and the area of the agricultural crops generated is excluded from the sale.

B. On May 13, 2015, the Plaintiff entered into a spring drilling sales contract with Defendant B on four parcels, including Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the purchase price was KRW 2.8 million. Accordingly, the Plaintiff agreed to the Defendant B on May 18, 2015, paid KRW 1.4 million as the down payment, and KRW 1.4 million as the remainder on June 22, 2015.

The contents of the remaining contract are the same as the contract of Defendant A.

C. On May 13, 2015, the Plaintiff entered into a spring drilling sales contract with Defendant C on four parcels, including the “F of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun,” and agreed on KRW 2.8 million. Accordingly, the Plaintiff paid KRW 1.4 million to Defendant C, the down payment on May 28, 2015, and KRW 1.4 million to the remainder on June 22, 2015.

The contents of the remaining contract are the same as the sales contract of Defendant A.

However, after the conclusion of each of the above sales contracts, the Defendants were unable to harvest most of the spring trends that were planted in the dry field due to the negligence in managing the crops of the Defendants. Since the conclusion of each of the above sales contracts, the Defendants attempted to harvest some of them on June 2015, but the Defendants refused to deliver them.

Accordingly, on June 2015, the Plaintiff notified the Defendants of the cancellation of each of the above sales contracts, and on July 2, 2015, the Defendants by mail proving the contents of each sales contract and the down payment and seed payment and agricultural product payment.

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