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(영문) 서울중앙지방법원 2015.05.12 2014가단5344451

계약금 등 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 25, 2006, Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”) designated 3.3 billion won as the due date for repayment and lent 3.3 billion won to Korea Scendi Co., Ltd. (hereinafter “Korea Scendi”) on July 25, 2006.

B. On November 23, 2006, the Defendant entered into a contract to sell the purchase price of at least 480,000,000 square meters in the Dong-gu Daejeon-gu Daejeon (hereinafter “instant real estate”) with Hansung (hereinafter “instant contract”) and received KRW 40,00,000 as the next day, on the following terms.

1) General provisions of Article 1 of the Housing Construction Promotion Act: the purpose of the contract is to purchase the real estate owned by the defendant for the purpose of constructing the apartment house with the approval of the competent authority in accordance with the relevant laws and regulations, such as the Housing Construction Promotion Act; 2) General provisions of Article 11 of the Act: (1) If it is not a multi-family housing project under the business plan or it is impossible to secure the entire parcel necessary for the purpose of the project of Han Gyeong Gyeong-D in connection with the construction of the apartment house for the purpose of purchasing the real estate, the contract of this case may

(2) Where a contract becomes null and void, the defendant shall return, without objection, the down payment and intermediate payment that the defendant has received, to Han Gyeongdi within five days from the date when the contract becomes null and void.

In such cases, the money in addition to the interest rate shall be refunded.

3. Matters of special agreement under Article 15: (1) The balance payment date of this contract shall be December 31, 2006.

(2) The term of validity of this contract shall be until the end of February 2007, and if the purchaser is unable to pay any balance on the date of balance, the bank interest rate shall be paid within the term of validity of this contract, and such payment shall be made in addition to

(3) Upon the expiration of the term of validity of this contract, this contract shall be reversed, and down payment shall vest in the seller.

C. Korea Scendi is also hard to approve the project without facilitating the purchase contract for the project site of the Daejeon Dong-gu Daejeon.