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(영문) 서울북부지방법원 2014.06.25 2013가합21684
손해배상(기)
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. Facts of recognition;

A. On August 7, 2008, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the purchase of KRW 331 square meters in total, G forest land, KRW 10,604 square meters in total, and KRW 4,430 square meters in total, KRW 2.32,35 million in total, but on August 19, 2008, the Plaintiff entered into a contract with Defendant B (hereinafter “Defendant B”) and E on the purchase of land and KRW 15 square meters in total, each of the above land and I forest land (hereinafter “instant land before the instant partition”). The Plaintiff acquired ownership of the land before the instant partition due to the death of E on January 13, 2009.

B. On April 23, 2009, Defendant B rescinded the agreement on the sales contract with the Plaintiff on August 19, 2008, and entered into a contract to trade the land before the instant partition with the price of KRW 2 billion, Defendant B made an agreement to pay the remainder of KRW 400 million as the down payment, extended the payment date of KRW 1.6 billion to December 15, 2009, and agreed to pay the interest if the loan was made in the Plaintiff’s name.

C. On September 11, 2009, the land prior to the instant subdivision was divided into 10,604 square meters of Pyeongtaek-si G forest and 10,604 square meters of G forest and 5,418 square meters, J forest and 329 square meters of J forest and 4,857 square meters of K forest and 4,430 square meters prior to H was divided into 3,783 square meters prior to H and 647 square meters prior to L.

On April 23, 2009, the Plaintiff borrowed KRW 1 billion from the Industrial Bank of Korea in accordance with the above sales contract. On August 27, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage to the land prior to the subdivision of the instant case as security at the maximum debt amount of KRW 1.2 billion, the debtor, the Plaintiff, and the mortgagee.

E. From February 2010 to April 15, 2010, the Plaintiff revised the sales contract dated April 23, 2009, with the purport that, instead of extending the payment date of the remainder of the transaction with Defendant B by April 15, 2010, Defendant B paid the remainder of KRW 2.135 billion including the loan amount of KRW 100 million and the delay damages amount of KRW 435 million as the remainder.

(f) The Plaintiff, M&C, and Defendant B, on November 16, 2010, enter into a joint agreement with the following terms and conditions:

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