매매대금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On December 21, 2015, the Plaintiff was divided into C and D forest 18328 square meters in Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, 2015, and divided into E, F, G, H, and I. On December 22, 2015, the divided D forest was subject to registration conversion into J-gun 7657 square meters in Dong-si, Dong-si, Dong-si, Dong-si, 2015.
Of them, KRW 100 (hereinafter “instant land”) paid the purchase price as KRW 100 million, and KRW 20 million of the down payment as KRW 30 million of the intermediate payment as of August 8, 2014 and KRW 50 million of the remainder payment as of September 5, 2014 entered into a sales contract including the following (hereinafter “instant contract”) in addition to the payment on September 5, 2014:
[5. On May 8, 2014, a real estate sales contract (No. 4) with the size of the land to be purchased and sold is approximately 2,000 square meters and the main contents of which are indicated, and the seal of C is affixed, was prepared, and all of the above contents are doping and the real estate sales contract (No. 2-1) with the seal of the Defendant affixed to the Defendant was re-established. Article 6 (Non-performance of Obligations and Compensation for Damages) or the buyer is not in compliance with the terms of this contract, the other party may give written peremptory notice to the defaulted person and rescind the contract.
(hereinafter omitted) Matters of the special agreement
1. The seller shall obtain the completion of construction work for change of land category of the real estate and make any balance payment and transfer of ownership after the seller obtains such completion;
B. On May 28, 2014, the Plaintiff paid 10 million won as part of the intermediate payment on May 11, 2015, respectively, to the Defendant side.
C. On May 25, 201, the Defendant, including the instant land, commenced development activities to create farmland (water sources) on the said D7,657 square meters, including the instant land. The survey was suspended on September 22, 2015 on the ground that the damaged area was excessive than the permitted area in the process of surveying the Korea Cadastral Survey Corporation.
The defendant's side shall submit an application for completion inspection of development activities to develop farmland (water sources) in the East Sea on December 7, 2015, following mountainous district restoration works, and submit an application for completion inspection on development activities for the development of farmland in the East Sea. < Amended by Act No. 135