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(영문) 인천지방법원부천지원 2016.07.20 2015가단30031

매매대금반환

Text

1. The defendant shall pay 75,00,000 won to the plaintiff and 15% per annum from February 4, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff was promoting a development project to create “a crop cultivation company and access road site” with respect to Kimpo-si, Kimpo-si.

B. While the Plaintiff was seeking to purchase land to secure access roads while implementing the said development project, the Plaintiff intended to purchase 956 square meters of land and 25 square meters of land E and 956 square meters of land owned by the Defendant (hereinafter “instant forest”).

C. On December 18, 2014, the Plaintiff and the Defendant concluded, under the brokerage of Licensed Real Estate Agent F, a sales contract with respect to the instant forest as follows (hereinafter “instant sales contract”).

A seller: The sales price for the Plaintiff: 741,875,000 won (a contract deposit: 50,000,000 won; 691,875,000 won remaining; and on April 8, 2015, part of the remainder payment period), shall be deposited into the bank account of the seller within several days after the contract.

Any contract shall be null and void if it fails to pay any balance within 10 days after obtaining the permission of total down payment (74,000,000 won).

When concluding a contract, three copies of a certificate of seal imprint and three copies of a written consent for land use shall be delivered.

A buyer shall grant a local right to use a access road to a seller's owned land D after paying a balance to the seller and acquiring the right to register the access road.

Issuance of all documents necessary for building development to the seller.

The instant sales contract is accompanied by the description of the object of brokerage, the drawings of division of land, and the respective statement on the burden of capital gains tax prepared by the F Licensed Real Estate Agent F.

The land division drawing is divided into the road drawing leading to the land developed by the plaintiff, and it is prepared by G, the husband of the defendant, by requesting it to the civil engineering survey office.

E. On the date of the instant sales contract, the Plaintiff paid KRW 50,000,000 to the Defendant respectively as part of the down payment, and KRW 25,000,000 as the remainder of the down payment on December 31, 2014.

F. On January 14, 2015, the Plaintiff’s certificate of personal seal impression was issued by the Defendant.