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(영문) 대구지방법원 상주지원 2018.10.17 2018가단205
매각대금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 2017, the Gu Forest Management Office under the jurisdiction of the Korea Forest Service publicly announced a bid for the sale of state forest products (threej) within B 11.4 L (hereinafter “instant site”) at the time of stay at around July 2017.

(hereinafter referred to as the “instant announcement”). The instant announcement states the following as follows: (a) the warning phrase: “The head of a Si/Gun/Gu shall check on the site the amount of forest products to be sold at the time, the state of standing timber, and the conditions of removal, and then take part in the bidding, with due care of the bidder that all responsibility incurred due to the failure to conduct the on-site verification is attributable to the bidder; and (b) “The head of a Si/Gun/Gu shall not be unreasonable to work or take out as a result of the placement of a forest land according to the forest road side; (c) the head of a Si/Gun/Gu shall file an application for completion of the construction of an additional town at the time of the completion of the construction of the Round and the head of a Si/Gun/Gu shall, in advance, minimize the scope of damage after the completion

B. On July 26, 2017, the Plaintiff: (a) concluded a contract to sell state forest products of KRW 25,515,000 for the sale of state forest products within the instant land (hereinafter “instant contract”); and (b) paid the sales price to the Defendant around that time, between the former State Forest Management Office and the former State Forest Management Office.

C. Around August 8, 2017, the Gu-U.S. State Forest Administration handed over standing timber within the instant site to the Plaintiff, and explain to the Plaintiff that the land should be installed upon obtaining permission if additional establishment or alteration is necessary for the Plaintiff.

[Reasons for Recognition] Class A, Evidence Nos. 1, 2, Eul Nos. 1 through 7, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. The main point of the Plaintiff’s assertion is that it is impossible to open the instant site on the ground of the ground of the ground surface of the wall rock, and even if it falls under the lumbering, it cannot be taken out of the instant site.

This is a situation in which the performance is impossible due to the defendant's responsible cause, and the sales contract of this case.

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