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(영문) 서울남부지방법원 2016.01.15 2015가합102621

계약금반환 등

Text

1. The Plaintiff, the Defendant (Appointeds) 115,708,085 won, the Appointeds C 249,728,703 won, and the Appointeds D 134,563,212 won.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the designated parties: (a) concluded a sales contract with the Plaintiff and the designated parties; and (b) the designated parties are 2,493 square meters of E miscellaneous land and 1,193 square meters of F miscellaneous land (hereinafter collectively referred to as “each of the instant lands”).

The Defendant’s co-ownership share in each of the instant lands as co-owners is 853/3,686, 1,841/3,686, 992/3,686, and 992/3,686 for the Selection’s co-ownership shares. Article 2 [Transfer of Ownership] the seller shall receive the remainder and deliver all documents necessary for the registration of ownership transfer to the buyer and shall cooperate in the registration of transfer at the same time. [Cancellation of the contract] Article 6 [In the absence of an intermediate payment agreement, the seller shall reimburse the remainder before paying the remainder, and the buyer may waive and rescind the down payment.

Matters of special agreement

1. The down payment shall be paid immediately ( July 16, 2014), out of the loans of the Seoul Livestock Industry Cooperatives (650,000,000 won).

2. The acquisition of the current land and the purchase-price of crops listed above the ground shall be responsible for them;

4. Where the buyer is cancelled due to a cause attributable to him/her, he/she shall waive all rights to the buildings under construction on each land of this case, and shall waive the claim for construction cost, lien, etc.

The buyer shall submit a waiver of lien for the construction work simultaneously with the issuance of a construction permit.

2) The Plaintiff’s new construction project on each of the instant land (hereinafter “instant project”).

(2) In order to pay the sales price for each of the instant land between the designated parties on July 10, 2014, the sales price of KRW 1,115,00,000 shall be KRW 1,115,00,000, and the remainder of KRW 500,000 shall be the remainder of KRW 615,00,000 when the contract is concluded, and the purchase shall be made by payment on December 30, 2014 (hereinafter “instant sales contract”).

(2) On July 16, 2014, the Plaintiff concluded the instant sales contract with each of the instant land secured by the Seoul Livestock Industry Cooperatives (hereinafter “Seoul Livestock Industry Cooperatives”) as well as KRW 650,00,000, and September 2, 2014.