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(영문) 서울고등법원 2016.02.25 2015나2039096

계약금 등

Text

1. The plaintiff's appeal and the selective claim in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Facts of recognition;

A. The Defendant was the owner of a forest 62,943 square meters in Gyeonggi-gun D Forest (hereinafter “instant land”) and obtained permission from the competent authority on or before April 2014 to develop part of the instant land in the name of the Defendant.

B. On April 8, 2014, the Plaintiff, Defendant, and B drafted a real estate sales contract with the following content:

(hereinafter referred to as the “instant contract,” and the following contract is referred to as the “instant contract”). 1. Indication of real estate: Land of this case:

2. A (Defendant) shall sell and purchase the said real estate in the purchase price (public space) under the following conditions, and shall be paid KRW 100 million as the down payment on the date of the contract:

[B] After the conclusion of this purchase and sale contract, Eul shall delegate the development work to Byung (B) and pay the amount of KRW 100 million as development costs to Byung separately. The down payment shall be the bank account designated by Byung, and the development costs shall be deemed to have been received by Gap and Byung by remitting it to the bank account designated by Byung. The purchase price shall be stated in the final consultation. The purchase price shall be stated in the agreement between Byung and Byung).

4. A shall, when a bank makes a request for a loan to him/her under the name of A by taking the above real estate as security while engaging in the development business, proceed with the loan business without delay.

(At this time, Gap and Byung shall inform Eul of the process of loan operations). 5. Eul and Byung shall pay 50% of the loan to Eul as the intermediate payment of the real estate purchase price, and Eul shall pay the remainder of the loan to Byung as the development cost.