매매대금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked additionally.
1. Basic facts (the process of concluding and implementing a sales contract between the original and the defendant);
A. On October 11, 2007, the Defendant, as the executor of the Housing Site Development Project in Suwon-si (hereinafter “instant development project”), announced the supply of the land for the multi-family housing of the Gwangju Bridge City, which is created through the instant development project.
As to the land A6 block among the above land to be supplied (hereinafter “instant land”), the Defendant determined and publicly announced the supply of housing for the purpose of supply, the size of housing for the exclusive use, the size of the area exceeding 85 square meters, 60,176 square meters for the area of supply, 120 percent for the floor area, 485 households for the number of households (the area exceeding 85 square meters for exclusive use), 167,289,280,000 for the supply amount, and the timing of land use as of March 209.
B. The Plaintiff participated in the bid of the instant land and was selected as a successful bidder. Accordingly, on October 30, 2007, the Defendant and the Defendant purchased the instant land from KRW 167,28,928,928,00 from the Defendant, but the contract deposit of KRW 16,728,928,00 on the date of the contract; ② the first intermediate payment of KRW 50,186,784,00 on December 20, 2007; ② the second intermediate payment of KRW 25,093,392,00 on June 20, 2008; and the third intermediate payment of KRW 25,093,392,00 on June 20, 2008; and thereafter, the remainder of KRW 30,50,186,784,000 on December 20, 209 (hereinafter “the instant contract”).
The Plaintiff paid the Defendant the down payment of KRW 16,728,928,00 on the day of the contract according to the instant sales contract.
Article 3 (Use of Land for Purpose) (2) In the event that the plaintiff intends to use the land for the original purpose, he/she shall pay in full the purchase price or provide security for the balance unpaid and obtain the consent of the defendant.
Provided, That where the adjustment of land register and register is completed after the completion of a development project, the defendant shall not obtain approval for use.
Article 4 (Area Settlement) (1) A site which is concluded with an area requiring provisional division before completion of creation works shall be deemed a site.