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(영문) 수원지방법원성남지원 2015.10.16 2014가단221707 (1)
손해배상(기)
Text

1. The Defendant: (a) KRW 10,320,00 for each of the Plaintiff (Appointeds), Appointeds C, D, E, F, and G; and (b) KRW 20,640,00 for each of the Appointeds H.

Reasons

1. Facts of recognition;

A. The ownership relation of forest land and the price division agreement 1) The 4,066m2 of the I forest land in Gwangju City (hereinafter “instant forest”) shall be deemed to be the forest land in this case

() On December 5, 2013, the instant forest was divided into KRW 1,532 square meters in the relevant forest. The remainder of the forest was converted into KRW 2,621 square meters in the relevant forest on April 16, 2014, and was divided into KRW Q253 square meters in the relevant forest on April 16, 2014, KRW 251 square meters in the relevant forest; KRW 218 square meters in the relevant forest; KRW 180 square meters in the T forest; KRW 652 square meters in the U forest; and KRW 137 square meters in the relevant forest. The instant forest is owned by the deceased J, K, and Ha and their relatives. On June 21, 1971, the registration of ownership transfer was completed in the name of the deceased J, K, and H under the name of the co-owner of the instant forest on June 21, 201 and completed the registration of ownership transfer under the name of the deceased on May 3, 2017.

(2) On June 13, 2012 and July 6, 2012, when co-owners sell the forest of this case, the co-owners received each 1/3 purchase price, and the co-owners agreed to distribute the paid purchase price to their relatives in charge (However, co-owners have an additional share of ownership) (hereinafter “the first agreement”).

B. Co-owners sold the instant forest land to M and N on July 6, 2012 at KRW 2.7 billion (the buyer separately pays KRW 260 million for graveyard equipment) (hereinafter “the instant primary sales contract”). Co-owners sold the instant forest land to M and N (hereinafter “the instant primary sales contract”).

(2) According to the above contract, M et al. paid to co-owners KRW 530 million as cemetery equipment and down payment (=270 million as down payment) (i.e., KRW 260 million as down payment).

However, M et al. filed a lawsuit claiming the return of down payment under the court 201Ga22712 on November 20, 2012 on the ground that the instant first sale contract was rescinded due to the problem concerning the graves located on the land of the instant forest.

Co-owners, M, etc. in the above lawsuit on April 19, 2013 shall be 503.3 billion won by co-owners to M, etc.

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