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(영문) 광주지방법원 2016.09.27 2015가단51383
매매계약 해제에 따른 원상회복
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 September 6, 2010, the Defendant sold KRW 6,150 square meters (hereinafter “instant forest”) out of KRW 8,264 square meters of C forest land in Chungcheongnam-si (hereinafter “the instant forest land before the instant partition”) to the purchaser of the Plaintiff and five persons other than the Plaintiff, for total purchase price of KRW 185,00,000,000.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

On the day of the instant sales contract, the Plaintiff paid to the Defendant KRW 2 million as the down payment, KRW 18 million, KRW 200,000, KRW 2000,000 as the stamp, or the survey cost.

(A) An intermediate payment of KRW 18,00,000 (payment and receipt at the time of a contract): Partial remainder: 167,000,000 (payment in February 28, 201) (payment in February 28, 201) - actively cooperate at the time of division.

Survey expenses shall be borne by the buyer.

- The cancellation of establishment of a right to collateral security shall be cancelled at the time of intermediate payment and balance.

- - The installment transfer will be made in proportion to the amount paid after the contract.

- The seller shall be held responsible for two seedlingss.

B. At the time of the conclusion of the instant sales contract, the right to collateral security (hereinafter “mortgage 1”) was established on the forests and fields prior to the instant division. The location and shape of the forest part, which the Plaintiff and the Defendant agreed to divide into the Plaintiff’s share in the conclusion of the instant sales contract, was not accurately specified.

(In fact that there is no dispute - A's first pleading protocol, A's evidence 2-1 to 5).

On November 3, 2010, the forest land prior to the instant subdivision was divided into C forest land of 1,044 square meters, D forest land of 6,096 square meters, E forest land of 1,830 square meters, F forest land of 1,563 square meters, G forest of 1,124 square meters.

(PostD, E Forest land was transferred to D due to the merger on May 16, 2014; hereinafter the divided forest land around November 3, 2010 is referred to as “instant C, D, E, F, and G Forest” (No. 2 No. 1 through 5).

However, on December 22, 2010, the Plaintiff Company C and G forest land in this case.

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