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(영문) 인천지방법원부천지원 2017.07.26 2017가합100368
손해배상(기)
Text

1. The Defendant shall pay the Plaintiff KRW 600,000,000 and the interest rate of KRW 15% per annum from March 3, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On January 18, 2007, the Plaintiff entered into a sales contract 1) with the Defendant on January 18, 2007, and 4,000 square meters out of D forest land 67,498 square meters in Kimpo-si, Kimpo-si, the Defendant trusted in trust with C (hereinafter “D land”).

(2) The Plaintiff concluded a contract to purchase KRW 1.8 billion (hereinafter “the first sale contract”). The Plaintiff paid the Defendant the sum of KRW 900 million to the down payment and the intermediate payment pursuant to the first sale contract. 3) After that, the E Co., Ltd. (hereinafter “E”) operated by the Plaintiff (hereinafter “E”) received a provisional attachment order of KRW 900 million (this court 2008Kahap329) regarding D land on March 28, 2008. After that, on August 28, 2009, the said land was sold to a third party. During the said voluntary auction procedure, E received dividends of KRW 53,989,926 in the said distribution procedure, the Plaintiff entered into a second sale contract with the Defendant on October 10, 2009, the Plaintiff entered into a sale contract with the Defendant for Kim-title (hereinafter “G land development agreement”).

Details are as follows:

1. Permission for development activities shall be under the responsibility of A (Defendant) and H;

1.A down payment of KRW 120,000,000 (120,000) will be simultaneously performed with this development agreement.

1. The intermediate payment is to be deemed to have been received under the present case, among the multiple parcels of land development principal, KRW 350,000,000 (350,000).

1. The payment of any balance shall be March 30, 2010;

The payment of any balance shall be settled by means of security, etc. through consultation between Gap and Eul (Plaintiff).

2) According to the second sale contract, the Plaintiff paid the Defendant the down payment of KRW 120 million to the Defendant. The Plaintiff paid KRW 30 million on February 24, 2010 as part payment, and KRW 100 million on January 29, 201, respectively, as part payment. 3) After that, while the Plaintiff did not obtain permission to engage in development activities on G land, the procedures for voluntary auction on the said land were commenced, and the third party on April 10, 2012.

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