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(영문) 청주지방법원 2015.10.22 2014가단17244
손해배상(기)
Text

1. The Defendant’s KRW 12,175,385 as well as the Plaintiff’s annual rate of KRW 5% from July 3, 2015 to October 22, 2015.

Reasons

1. On July 17, 2008, the Plaintiff sold 3,998§³ and 5 lots (hereinafter “instant land”) outside C and one other (the Namsung Development Co., Ltd.) (hereinafter “instant land”).

At the time, the balance of the sale was agreed to be paid within six months.

On October 30, 2008, a male development corporation (hereinafter referred to as "Namsung Development") contracted the construction work to the Defendant to create a housing complex for electric power resources on the instant land (hereinafter referred to as "instant construction work") by setting the construction cost of KRW 245,279,00 and the construction period of March 2, 2009.

The defendant started the construction of this case from November 2008.

On February 2, 2009, the Plaintiff cancelled the above sales contract in order that both C and male development did not pay the remaining purchase and sale price.

The Defendant discontinued the instant construction work around that time.

At the time of the discontinuance of the instant construction work, the instant land had been left in the number of manle (one meter high, one meter high), fume (2.6m in length), fume (2.6m in length), and dump truck blastings in quantity (hereinafter collectively referred to as the “construction materials of this case”) that the Defendant brought about for the instant construction work.

On April 6, 2010, the petition Gun notified the Plaintiff on April 6, 201 that the plan to recover the instant land to mountainous districts will be prepared and submitted by April 26, 2010, and if not complying with the plan, the procedures for vicarious execution will be followed and the fine for negligence will be imposed.

As of August 5, 2010, the Plaintiff drafted a lease agreement stating that the Plaintiff leased the leased land of KRW 654 square meters (hereinafter “instant leased land”) from D to D for monthly rent of KRW 1,00,000 between D and D.

On October 6, 2010, the Plaintiff notified the Defendant of the collection of the instant construction materials from the instant land.

The defendant did not comply with this.

On October 30, 2010, the Plaintiff contracted the construction work to restore the instant land to mountainous districts to MS Construction Co., Ltd.

MS Construction Co., Ltd. shall enter into the said contract.

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