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(영문) 인천지방법원 2016.01.15 2014가단45323
토지인도등
Text

1. The defendant shall be the plaintiff.

A. A. To deliver a forest land of 31,418 square meters in Incheon Bag-gun;

B. 2,324 square meters of forests and fields D in Incheon Cheongjin-gun.

Reasons

1. Facts of recognition;

A. On September 17, 2010, the Plaintiff entered into a sales contract with the Defendant to sell KRW 35,469 square meters of forest land in Incheon po-gun, Incheon (hereinafter “instant forest”) to the Defendant in KRW 1.3775 million (hereinafter “instant sales contract”), and entered into a special agreement with the Defendant with the following terms.

- - down payment of KRW 78 million on the date of the contract, KRW 1220 million on the date of the first intermediate payment, KRW 1 billion on October 20, 2010, KRW 1 billion on the second intermediate payment, including down payment (and intermediate payment) until November 20, 2010, and KRW 375 million on the remainder by May 20, 201.

- At the same time, the seller (the Plaintiff) received the second intermediate payment of KRW 1 billion ( November 20, 2010), including the debt of KRW 300,000,000,000,000,000,000,000,000 for the loans to the pool Agricultural Cooperatives (hereinafter “Agricultural Cooperatives”), and simultaneously transfers the forest land of this case in title

- The buyer (the Defendant) does not raise any objection with the waiver of the down payment when the intermediate payment is not paid within two months after the instant sales contract was concluded.

B. The Plaintiff received the down payment of KRW 78 million from the Defendant on the day of the instant sales contract, and delivered the instant forest to the Defendant.

C. On October 9, 2010, the Defendant provided the Plaintiff with KRW 70 million out of the first intermediate payment. On October 9, 2010, the Defendant drafted a performance letter stating the following contents to the Plaintiff.

-A - The buyer (the defendant) will not return the down payment in the amount of KRW 1 billion for the second intermediate payment based on the instant sales contract on November 20, 2010 (the down payment = KRW 150 million for the loan of KRW 300,000,000 No. 1550,000 for the loan of KRW 300,000,000 for the agricultural cooperative loan of KRW 50,000,000 for the loan of KRW 50,000,000)

- The plastic houses, all buildings and provisional buildings occupied after approval for land use shall be voluntarily removed and ordered to order the seller to restore the land to the original state within three months.

However, if this is not fulfilled, the seller (Plaintiff) shall be the seller.

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