매매대금반환
1. The Defendant’s KRW 670,000,000 as well as 6% per annum from October 9, 2019 to December 5, 2019 to the Plaintiff.
1. Facts of recognition;
A. On December 21, 2016, the Plaintiff entered into a sales contract with the Defendant and Gwangju City, with respect to the purchase price of KRW 1.5 billion for C forest land 8264.5 square meters (hereinafter “instant land”), and KRW 30 million out of the down payment of KRW 150 million, on the date of the contract, the remainder of KRW 120 million on the date of the contract, and on December 2, 2016, the intermediate payment of KRW 750 million on the date of February 10, 2017, and the remainder of KRW 60 million on the basis of a special agreement to pay the Plaintiff within 30 days after obtaining factory permission (hereinafter “instant sales contract”).
B. According to the above sales contract, the Plaintiff paid the Defendant the down payment of KRW 150 million and the intermediate payment of KRW 750 million.
C. However, the defendant did not obtain the factory permission on the land of this case thereafter.
Accordingly, around October 8, 2019, the Plaintiff and the Defendant agreed on the instant sales contract as of the foregoing date, and the Defendant agreed on the termination of the instant sales contract (hereinafter “instant termination agreement”) with the effect that the Defendant would pay the Plaintiff KRW 1,070,000,000 to the settlement amount following the termination of the contract (hereinafter “instant termination agreement”).
Pursuant to the agreement to terminate the instant agreement, the Defendant paid each of the Plaintiff KRW 300 million on October 16, 2019 and KRW 100 million on November 25, 2019.
E. On October 18, 2019, the Plaintiff sent a certificate of content demanding that the Defendant would not pay the remainder of the settlement under the agreement terminated by the instant agreement, and reached that time.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers in the case of additional number), the purport of the whole pleadings】
2. According to the above facts of determination as to the cause of the claim, the Defendant’s remaining settlement amount of KRW 670 million under the agreement to terminate the agreement in this case and the following day of the agreement to terminate the agreement in this case. < Amended by Presidential Decree No. 23780, Oct. 10, 2019>