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(영문) 부산지방법원 2017.08.18 2016가단331407
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Facts established by the Busan District Court Decision 2012Gahap8089 (hereinafter “Decision of the first instance”) and the Busan High Court Decision 2013Na928 (Main Lawsuit), Busan High Court 2015Na205 (Counterclaim), and 2013Na2894 (Lawsuit of Intervention of Independent Party) (hereinafter “Judgment of the appellate court”) that the Plaintiff filed against the Defendant are as follows.

1) On March 10, 2011, the Plaintiff is a 38975 square meters of land D in Kimhae-si, which is located in the name C (hereinafter “instant real estate”) between the Defendant and the Defendant.

(1) The Defendant shall sell 1.7 billion won to the Defendant; and (1) the Defendant shall settle a certain amount of KRW 200 million from June 10, 201 to May 10, 201 (the first intermediate payment of KRW 250 million) on the date of the contract, the second intermediate payment of KRW 200 million on the last day of August 201, and the last day of the third intermediate payment of KRW 250 million on the last day of February 2011, and the last day of February 201, KRW 150 million on the fourth intermediate payment of KRW 100 million on the last day of February, 201, respectively; and (200 million on the last day of February; and (3) on the last day of June 10, 201 to May 10, 2014.

(3) The amount of KRW 500 million is classified into the remaining meaning, and when the instant real estate has been completed objectively and is designated as a land work and industrial complex, payment is to be completed within one year (an agreement on the method of payment, such as division or a lump sum) through mutual agreement. (2) The Plaintiff shall deliver documents necessary for the registration of transfer of ownership to the Defendant on the date of the contract and make the registration of transfer of ownership to the Defendant for the transfer of ownership (hereinafter “instant sales contract”).

(2) At the time of the instant sales contract, the Defendant paid the down payment to the Plaintiff by remitting KRW 150 million to the Agricultural Cooperative E account in the name of the Plaintiff, which had the passbook at the time of the instant sales contract.

3. On March 17, 201, the Plaintiff received necessary documents from C for the transfer of registration, and issued the instant real estate to the Defendant on March 15, 2011.

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