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(영문) 창원지방법원 밀양지원 2018.06.20 2017가단1037
소유권이전등기
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 November 25, 2009 and April 26, 2010, the Defendant: (a) obtained permission to construct a new factory building and permission to engage in development activities (the period of permission for development activities: from April 26, 2010 to December 31, 2012) from the head of a Gun, who was not engaged in the construction of a factory on the 15,609 square meters of forest B forest land in Gyeongnam-Gun (hereinafter “instant forest”); and (b) obtained permission to convert a mountainous district on April 14, 2010 by deeming the expiration date of the period of permission to be December 31, 2016.

In addition, the Defendant obtained permission for development activities from February 14, 2013 to April 30, 2014 after the expiration of the permission period.

B. On February 3, 2016, the Plaintiff purchased the instant forest land from the Defendant for the new construction of a factory in KRW 900 million. The Plaintiff concluded a sales contract that pays KRW 100 million on the date of the contract and pays the remainder of KRW 800 million on April 3, 2016 (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 100 million to the Defendant as the down payment.

The main contents of the instant contract written at the time are as follows.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1.The seller (the defendant) will transfer to the seller all the above sale real estate factory approval and the licence documents (with all the documents required for factory construction permission and civil engineering construction drawings).

2. In respect of civil engineering works, construction design costs, and lien acts, the seller shall be liable and resolved.

3. The buyer shall decide to succeed to, or redeem, the right to collateral security at the balance date.

4. Interest from March 3, 2016 to April 3, 2016 shall be interest.

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