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(영문) 광주지방법원 순천지원 2018.11.07 2017가단71755
손해배상(기)
Text

1. The Defendant’s KRW 27,89,954 as well as the Plaintiff’s KRW 5% per annum from April 11, 2017 to November 7, 2018.

Reasons

1. Basic facts

A. (1) On July 16, 2005, the Plaintiff entered into a contract with Defendant C to purchase D Forest land 23,968 square meters and E preceding 1,860 square meters under the following conditions (hereinafter “instant contract”).

1. The seller shall perform the soil construction work in accordance with the design drawings;

2. The cost of alteration of form and quality shall be borne by the purchaser.

3. All expenses, other than alteration of form and quality, shall be borne by the seller;

4. The date of commencement of construction work shall begin on August 2005 and the date of completion may be completed from August 2005 until December 2005 and may be delayed for civil petition.

5. The primary licences 2,400 square meters and the secondary licences 1,700 square meters to 3,000 square meters.

A special agreement: A special agreement may be concluded before the completion of construction is completed.

(2) At the time of the instant contract, the Plaintiff and the Defendant agreed that KRW 40,00,000 of the down payment out of the purchase price shall be paid on the day of the contract, the remainder 360,000,000,000 shall be paid at the time of completion of the site creation work, and the ownership transfer registration procedure shall be completed at the same time. In the event of a seller’s breach of contract, the buyer shall compensate the buyer for the amount of the down payment due to the penalty, and the buyer shall

(3) At the time of the contract, the Plaintiff paid each of the Defendant KRW 40,000,000 as the down payment, and KRW 20,000,00 as the intermediate payment on January 11, 2006.

B. On March 29, 2006, the division of real estate and registration conversion (1) 23,968 square meters of D forest land was divided into D forest 15,987 square meters, F forest 7,813 square meters, and G forest 168 square meters, respectively.

(2) On July 31, 2008, 2008, F forest land 7,813 square meters was subject to registration conversion with H forest land 7,728 square meters in Mineyang-si.

(3) On March 9, 2010, the real estate indicated in paragraph (1) of the attached Table and the I forest land was divided into 135 square meters.

(4) On July 3, 2008, the area of 1,860 square meters prior to Jeonyang-si was divided into the real estate listed in the attached Table 2 and the area of 1,500 square meters prior to J.

(5) A list on March 9, 2010, of 1,500 square meters prior to J in Yangyang-si.

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