logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.05.12 2015가단45946
손해배상금
Text

1. As to KRW 11,756,477 and its KRW 10,66,477 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 380,00.

Reasons

1. Facts of premise;

A. On January 9, 2009, the Plaintiff acquired ownership of 2,962 square meters prior to Kangwon-gun, Gangwon-gun, which had been registered [18,200,000 won (13,000 won (the amount of actual collateral security obligation) and the registration of mortgage (hereinafter “registration of mortgage right”)] around the name of the forestry cooperative under the name of the Plaintiff’s forestry cooperative.

B. On September 3, 2009, the Plaintiff sold the land No. 1 to the Defendant in KRW 21,400,000, and KRW 34,320,000 as of March 22, 2010, the Plaintiff sold the land No. 2 in KRW 34,320,00, respectively, and received KRW 55,720,000 in total from the Defendant.

On the other hand, the Defendant paid KRW 9,930,000 (hereinafter “prepaid cost”) to the Plaintiff on September 14, 2009 through July 23, 2010 under the pretext of water supply development cost, access road construction cost, boiler purchase cost, stone tin construction cost, etc.

• After the purchase and sale contract for land Nos. 1 and 2 was executed by the Defendant, the original Defendant: (a) drafted a new sales and sale contract for land Nos. 1 and 2 during the course of the development activities on June 2, 2010; and (b) entered into the following special agreement (hereinafter “a modified special agreement”).

Loans of KRW 1.9 million + KRW 4 million + loans of KRW 1.3 million shall be settled in balance.

The principal of the right to collateral security debt in the previous land before the division £« KRW 1,00,000 of the principal of the right to collateral security debt in the previous land prior to the division £« 1, 2010.

Expenses for water supply and sewerage systems, electrical cables, molding and piling up inside land shall be replaced by expenses for water supply and drainage within land.

(v) on October 5, 2010, the Plaintiff divided the D previous 787 square meters (hereinafter “1 land”) and the E preceding 519 square meters (hereinafter “2 land”) into the Defendant and the remaining two parcels of land.

B. The defendant's lawsuit for return of unjust enrichment against the plaintiff (i.e., the defendant's lawsuit for return of unjust enrichment against the plaintiff), alleging that the contract for sale and purchase of land Nos. 1 and 2 on the ground of the plaintiff's default was cancelled, etc., and against the plaintiff, Seoul Central District Court Decision 2010Da308919, 650,000 =

arrow