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(영문) 서울중앙지방법원 2017.09.11 2016가합572672

매매대금반환

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1. The Defendant: (a) on July 14, 2016, the Chuncheon District Court’s crossing registry office with respect to the 66,744 square meters of Gangwon-gun D forest land in Gangwon-do.

Reasons

1. Basic facts

A. On May 5, 2016, the Plaintiff entered into a sales contract 1) from the Defendant’s Intervenor who represented the Defendant on May 5, 2016, the Plaintiff is 66,744 square meters of Gangwon-do forest land D (hereinafter “instant land”).

1) The sales contract of this case was purchased in KRW 195,00,000 (hereinafter “instant sales contract”).

2) The sales contract prepared at the time (hereinafter “instant sales contract”).

2) The following is specified in the terms and conditions of the contract. In the sale of the instant land, the seller and the buyer agree to pay the purchase price as follows. The remainder of KRW 195,00,000 for the down payment of KRW 50,000,000 shall be paid by July 4, 2016. The special agreement provides that the seller’s representative intervenor is responsible for and the letter of consent to use shall be issued by the seller’s agent - the seller’s terms and conditions for receiving the letter of consent to use - the contract deposit of KRW 20,000,000 from the contract deposit that the Defendant’s husband and the Defendant’s agent paid to the seller’s husband on May 5, 2016, KRW 30,000,000 from the contract deposit amount of KRW 195,000 for the contract deposit of KRW 50,000 for the seller’s account and KRW 300,000 for the Defendant’s remaining account deposit in the Defendant’s account.

B. 1) The Plaintiff, G, and the Defendant’s husband, who were the Defendant’s husband, were gathered at the I Licensed Real Estate Agent Office operated by H, which arranged the instant sales contract on July 4, 2016, for the remainder payment. However, the Defendant’s Intervenor refused to pay the balance as the Plaintiff did not provide a written consent for land use. 2) The Plaintiff, G, and the Defendant’s Intervenor were gathered at the said I Licensed Real Estate Agent Office again on July 12, 2016, and the Defendant’s Intervenor was the Plaintiff on the same day.