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(영문) 서울동부지방법원 2014.05.02 2013가단23151
위약금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 201, between the Plaintiff and the Defendants, a contract was concluded between the Plaintiff and the Defendants on October 24, 201 with a view to exchanging 5325/5950 shares (the Defendant C’s ownership) among the 201-201-206 and the 504-225/5950 square meters in Seopo City, Seopo-si, Seopo-si, the Plaintiff owned, Seopo-si, the Defendants owned, and paying 45 million won in exchange to the Defendants.

B. Under the foregoing contract (hereinafter “instant exchange contract”), the Plaintiff paid the Defendants KRW 20 million as the down payment on the same day, and the remainder KRW 25 million was to be paid on November 16, 201.

C. However, in the instant exchange contract, the Plaintiff asserted that the subject matter of the exchange contract is 5950 square meters of G forest in Ansan-si and the Defendants asserting that the subject matter of the exchange contract is 5950 square meters of forest land in Ansan-si and that there was no dispute between the Plaintiff and the Defendants claiming that the subject matter of the exchange contract is 5325/500 shares,

After that, the Plaintiff issued a notice to the Defendants stating that “The instant exchange contract was cancelled without notice and will be legally liable to the Defendants,” and the Defendants filed the instant lawsuit against the Defendants to refuse to comply therewith. The Defendants filed the instant lawsuit. In addition, the Defendants filed the instant lawsuit against the Defendants, which did not comply therewith.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 (i.e., Eul evidence 3), Eul evidence 2, Eul evidence 3-1 to 3 (i.e., evidence 6-1 to 8, Eul evidence 4-1, Eul evidence 4-1, Eul evidence 4-2, and the purport of the whole pleadings.

2. The Plaintiff’s assertion is an object of the instant exchange contract with G forest land of 5950 square meters in Ansan-si under the instant exchange contract, but the Defendants cannot transfer ownership to the Plaintiff with respect to the land of 625 square meters among them.

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