logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.12.12 2018가합5569
손해배상 등
Text

1. The Defendant: (a) KRW 221,10,000 for the Plaintiff and 5% per annum from May 24, 2018 to December 12, 2018; and (b) the Plaintiff.

Reasons

Facts of recognition

On February 2015, the Plaintiff entered into a sales contract with the Defendant to purchase 1,628,350,000 won for the purchase price (200,000 won per the management region level, and 50,000 won per the agricultural and forest area level) of 7 parcels (D-E, F, and G) other than the land in Gyeonggi-gu, Gyeonggi-gun.

The contract of sale and purchase is a special contract, and the remaining period is 12 months, and the defendant agreed to transfer the relevant parcel to another party at the time of payment of the remainder by lot.

Since then, on August 18, 2015, the above H 4,517 square meters among the objects of the above sales contract was divided into 1,389 square meters of H forest, 2,053 square meters of I forest, and 1,075 square meters of J forest.

On September 2, 2015, the Defendant completed the registration of ownership transfer on July 31, 2015 with respect to the said J forest on the Plaintiff.

The Plaintiff sold the said J Forest in the purchase price of KRW 130 million to K, and completed the registration of ownership transfer on September 2, 2015 with respect to the said forest.

On March 9, 2016, the Plaintiff and the Defendant concluded a sales contract on March 9, 2016 with the content that they purchase the remaining land, excluding D forest and J forest, as the subject matter of sale and purchase, from among the subject matter of the sales contract set forth in the above paragraph (a), to purchase KRW 1.466,28 million (calculated as KRW 240,000 per square year).

As a special agreement, the above sales contract concluded that KRW 215 million shall be paid at the time of the contract, and the balance of KRW 1.2478 million shall be paid by August 24, 2016, and the Plaintiff agreed to pay approximately KRW 100 million as at the end of each month to the Defendant.

After the conclusion of the instant sales contract, the Plaintiff and the Defendant entered into a sales contract with the subject matter of sale and the purchase price stipulated in the sales contract as stated in the said paragraph (c) on August 24, 2016, with the same purport; however, the down payment of KRW 235 million is paid at the time of a contract; and the intermediate payment of KRW 200 million is paid at the time of a contract; on September 21, 2016, the remainder of KRW 1 billion is paid at the time of payment on October 30, 2016 (hereinafter “instant sales contract”).

The subject matter of the instant sales contract is as listed below:

Serial number.

arrow