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Reasons
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(영문) 수원지방법원안산지원 2017.10.24 2016가단64657
손해배상(기)
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4, Eul evidence 8, and the whole purport of the arguments in witness D's testimony.

The planning real estate E Co., Ltd. (the representative F) purchased from the Plaintiff the G forest 9,233 square meters (hereinafter referred to as the "instant land") in the land transaction permission area, and developed it, and intended to sell it to the general public.

B. Therefore, on April 9, 2009, E Co., Ltd. (hereinafter “Buyer”) purchased the instant land from the Plaintiff for KRW 1.59 billion, and agreed to pay the down payment of KRW 1.6734 million on the date of the contract, the first intermediate payment of KRW 28,459 million on April 15, 2009, and the second intermediate payment of KRW 28,4950,00 on April 30, 2009, the remainder of KRW 85,378,00 on May 28, 2009.

C. However, the buyer company delayed the payment of the purchase price in several times, and thus, the F, the representative of the buyer company, and the Plaintiff agreed on the following terms and conditions around September 2009, when the sales contract was not implemented as soon as the Plaintiff notified the rescission of the above sales contract, and extended the remainder payment period set forth in the above sales contract.

C. Foods

1. The Plaintiff shall pay KRW 837.48 million to the Plaintiff out of the money that the Plaintiff provided as security and borrowed to the said forest, and the F shall acquire a construction permit for the said forest and field (14 lots) and sell it.

2. F shall pay 150 million won as delayed compensation to the Plaintiff by October 25, 2009.

3. The F shall pay five million won to the time (or five million won to the plaintiff) from October 2009 to the time when development activities and building permission are acquired with respect to the above forest land, and the registration of transfer by parcel is possible;

4. The Plaintiff and F shall settle the increased or decreased portion in accordance with the size of the subdivision of the parcel at the time of confirmation.

5.F. thereafter.

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