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(영문) 서울중앙지방법원 2015.10.30 2015가합3995
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 71,197,150 to the Defendant (Counterclaim Plaintiff) and its related amount from June 12, 2015 to October 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Circumstances leading to the dispute of this case;

A. On October 4, 2013, the Plaintiff and the Defendant concluded a sales contract with the Defendant to sell 3,452 square meters in total to the Defendant for KRW 835,000,00 in the price of the land outside C, and for KRW 7,00,00,00,000,000 for KRW 3,00 square meters in the land outside C, and KRW 3,000,000,000,000,000,000 for KRW 3,000,000,000,000,000,000,000; and KRW 3,000,000,000,000,000,000,000,000,000,000,

[2] In addition to the instant sales contract, the Plaintiff and the Defendant concluded a contract with the Defendant to sell a total of KRW 19 square meters of KRW 35 square meters and KRW 16 square meters of KRW 137 square meters of KRW 137,00,000, which was not yet paid by the Defendant, and the Plaintiff did not claim the payment to the Plaintiff in this case.

After the conclusion of the instant sales contract, the land category of C, D, and E was changed from forest land to forest land; D large 2,717 square meters was combined with D large 38 square meters and E large 201 square meters; changed to C large 3,306 square meters; and the registration of ownership transfer was made in the name of the Defendant.

A total of 146 square meters of the area of the remaining land, excluding 3,306 square meters of the changed land among each of the instant land, is expected to be used as a road for the said site.

C. The Plaintiff and the Defendant stipulated that “the seller (the Plaintiff) shall adjust the cutting and soil on the inside of the forest land of the buyer (the Defendant) after dividing the forest land into M and surveying the boundary of the land.”

As a special contract of the instant sales contract, the Plaintiff and the Defendant: (a) cut and earth and sand rearrangement, build roads, permit for development activities, acquire boundaries and surveys, acquire road connection permission at their own expense; and (b) the costs were to be used by the Defendant from the purchase price to be paid.

Accordingly, on November 21, 2013, the Defendant or a person designated by the Plaintiff.

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