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(영문) 서울중앙지방법원 2019.09.18 2017가합579564
손해배상 청구의 소
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 September 5, 1983, the Plaintiff purchased KRW 115,00,000 in the form of forest land (ever part of D) specified as “D” in the attached Form “A” in the sports C Forest No. 20,580 from the Defendant as of September 5, 1983 (hereinafter “instant sales contract”); and paid KRW 10,000,000 to the Defendant as the down payment on September 5, 1983, which is the above contract date, as well as paying the above sales amount by June 19, 1984.

B. On June 20, 1984, the defendant completed the registration of transfer of ownership equivalent to 1,298 square meters among the defendant's shares in the 2,595 square meters of the above real estate to the plaintiff.

Around that time, regarding the remaining 1,297 shares of the Defendant’s real estate, the legal relationship is adjusted for the reasons that there is a substantial right to E among the co-owners of the said real estate. When the said real estate is divided, the Defendant agreed to complete the registration of ownership transfer to the Plaintiff, and issued to the Plaintiff a promissory note as of October 4, 1984 as of the date of issuance, and November 4, 1984. As to the shares owned by the Defendant’s real estate, the Defendant issued to the Plaintiff a promissory note as of November 4, 1984 with the obligor, the mortgagee, the Plaintiff, the maximum debt amount of the Defendant, the maximum debt amount of KRW 100,000,000, Suwon District Court, which was accepted on October 6, 1984, and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage of this case”).

C. The said real estate was divided into KRW 31,306 square meters in F, 20, 388 square meters in F, D forest, G forest, 643 square meters in G, 407 square meters in H forest and forest, and 1 forest and registration conversion. Of the said real estate, G forest and forest were divided into KRW 149 square meters in G forest on October 27, 2008, KRW 429 square meters in J forest and forest and KRW 65 square meters in K forest, and F forest and forest were converted into KRW 17,390 square meters in forest and forest and KRW 17,390 in M forest and forest on October 29, 2008, and KRW 65 square meters in K forest and forest.

(hereinafter referred to as “instant real estate”) D.

On September 30, 2003, the Defendant paid 250,000,000 won to the Plaintiff with respect to the instant sales contract, and the Plaintiff is on October 29, 2003, the land manager I forest land as the wife population as of October 29, 2003.

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