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(영문) 인천지방법원 2015.04.30 2013가합18314
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 6, 2013 to April 30, 2015.

Reasons

1. Basic facts

A. On December 11, 2009, the Plaintiff and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the effect that the Plaintiff would pay the above sales price to the Defendant and receive the instant forest from the Defendant on December 11, 2009, including D, E, and F forest land (hereinafter “the instant three parcels”). E, F forest land was merged into D forest land on October 26, 2010, and the said combined D forest land was converted into G registration conversion on May 31, 201, and as above, purchased KRW 245,00,000 on the same day (hereinafter “instant sales contract”). According to the instant sales contract, the Plaintiff and the Defendant entered into a sales contract with the intent to receive the instant forest from the Defendant on December 11, 2009.

B. At the time of the instant sales contract, the instant forest was adjacent (hereinafter collectively referred to as the “instant adjacent forest”) to H-owned I forest (hereinafter referred to as “instant adjacent forest”) and H-owned M forest (hereinafter referred to as “N-owned forest”) (hereinafter referred to as “instant land”), and part of the instant adjacent forest was used as a road in addition to the instant forest. However, the Plaintiff purchased from the Defendant the part necessary to secure the access road to the instant forest (hereinafter referred to as “instant road”), including the part of the land used as a road from the instant adjacent forest, which was used as a road, to be newly constructed on the instant forest, among the land used as a road in addition to the instant forest, including the part of the said J land was divided into K-owned forest and the part of the said J land was divided into K-owned forest and H-owned forest (hereinafter referred to as “road part”), and the Defendant transferred the pertinent land to the Plaintiff, which is the instant sales contract.

Land on the road of this case is responsible for the defendant and to move after the vehicle.

(F) By March 11, 2010, the provisional attachment of creditor's largest composition was cancelled and the road part in this case is the road.

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