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(영문) 대전지방법원 2017.09.28 2016가합2189

계약금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The summary of "The defendant entered into a real estate sales contract (hereinafter "the sales contract in this case") with the defendant on October 24, 2005 with regard to the real estate of the Daejeon-dong, Daejeon-dong, Daejeon-gu, and six parcels (hereinafter "the real estate in this case"), with the purchase price of KRW 2,643,670,000, and the contract was paid KRW 420,000,000 from B on the date of the contract, and Eul transferred all business rights including the sales contract in this case to the plaintiff on September 19, 207 while the contract was in progress. Accordingly, while the plaintiff requested the defendant to permit the use of the land necessary for the urban development project of the plaintiff, such as an application for permission and approval for the real estate in this case, the defendant rejected the plaintiff's business, as well as interfere with the plaintiff's business progress, and there is no evidence to acknowledge that the contract was concluded between the plaintiff and the late payment of the contract in this case."

Rather, in full view of the evidence Nos. 1 through 5, Nos. 1 through 4, and the purport of witness D’s testimony and pleading, the sales contract of this case seems to have been arbitrarily prepared without obtaining the defendant’s consent or consent, for the purpose of showing that D, the representative director of the B at the time, has secured shares to investors in the course of competition in order to secure business rights.

Therefore, the plaintiff's assertion based on the premise that the contract of this case was accepted between the defendant and B is without merit.

In addition, the plaintiff still claims the return of down payment to the defendant while the contract of this case remains valid. The contract of this case is legitimate.