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(영문) 부산고등법원(창원) 2015.07.09 2013나3241
매매대금반환
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. On August 13, 2010, the Plaintiff and the Defendant concluded a sales contract with the Defendant on each of the instant fishing rights listed in the separate sheet No. 1 (hereinafter referred to as “each of the instant fishing rights”; the fishing rights listed in paragraph (1) are “fishing rights D”; the fishing rights listed in paragraph (2) are “fishing rights E”; the fishing rights listed in paragraph (3) are “fishing rights F”; and the control facilities incidental thereto are purchased at KRW 1,200,000 (hereinafter referred to as “instant sales contract”); and the content of the instant sales contract is as listed below in the sales contract.

(On the other hand, the original register of fishery right E is written by G as fishery right holder, and the seller is written by G in the sales contract of this case). On the other hand, the indication of the fishery right sales contract: The number of fishery permit for a branch line C in the Gun of the Naman-gun, the Naman-gun: Da, E, F fishery facility preparation: 700m in length of the bank, approximately 1,500m in a fishing ground embankment.

1. In order to facilitate the sale of the above fishery right, the seller is called “A” and the buyer is called “B”.

2. The total price of the fishery right and bank: 1,200,000 won;

3. Down payment amounting to KRW 60,000,000, KRW 6000,000, which was determined by the seller A from “B”. The remainder is agreed to pay by February 15, 201.

4. As above, in the contract, “A” provides for compensation of KRW 60,000,000 when the violation occurred, and “B” did not pay any balance within the due date, and thus waives KRW 60,000,000 to “A” when the violation occurred, and the contract is automatically terminated.

5. “A” shall complete the documents to transfer the fishery right and the written consent attached to the seal imprint at the remainder of the period of the remainder (with the documents required by the military office). 6. The operator of the fishing ground as of June 1, 200 is responsible for and extended by “B”.

Matters to be added to the contract on the back side.

1. All facilities not registered;

2. The contractual obligation of the fishing right is liquidated upon A.

3. The transfer registration of fishing right shall be made to the person designated by “B”.

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