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(영문) 서울중앙지방법원 2017.06.02 2016가합543780
손해배상(기)
Text

1. Appointed E and Defendant C jointly share KRW 500,000,000 with respect to the Plaintiff and the designated parties E from August 29, 2013.

Reasons

1. Basic facts

A. The Republic of Korea completed the registration of initial ownership on December 29, 1965 with respect to the land of 92,618 square meters of I Forest land in Chungcheongbuk-gun (hereinafter “instant land”), J road of 3,308 square meters, K road of 57 square meters, L road of 25 square meters, M forest of 39 square meters, N forest of 1,461 square meters of land (the land category of M and N land was changed from forest land to road in November 4, 2009; hereinafter “each of the instant land”).

Since then, the petitioner group completed the registration of ownership transfer on August 3, 2005 due to the acquisition of the public land on August 2, 2005.

B. On January 14, 2013, Defendant E and Defendant C signed a trade promise stating that “E, etc. prevails against the Republic of Korea and the petitioner group in the lawsuit demanding performance of the procedure for registration of preservation of ownership and cancellation of ownership transfer registration as described in the above A, E, etc. shall sell each of the instant land to Defendant C with KRW 250 million.”

C. E, etc.: (a) on January 28, 2013, the Seoul Central District Court 2013da22698, against the Republic of Korea and the petitioner group.

On June 18, 2013, a lawsuit seeking the implementation of the procedure for registration of preservation of ownership and registration of cancellation of ownership transfer stated in paragraph (1) was filed, and the judgment became final and conclusive on June 28, 2013.

(hereinafter “Related Cases Judgment”) D.

On June 7, 2013, Defendant C entered into a sales contract with the Plaintiff’s agent with the content that Defendant C sells each of the instant lands to the Plaintiff at KRW 700 million.

(hereinafter “instant sales contract.” The Plaintiff paid the down payment of KRW 50 million to Defendant C on the date of the contract. The first intermediate payment of KRW 100 million on June 13, 2013, and the second intermediate payment of KRW 250 million on June 28, 2013, respectively, was paid on June 28, 2013, and as a special agreement, the remainder amount of KRW 300 million is paid within 10 days from the date on which the lawsuit described in the said paragraph (c) becomes final and conclusive.

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