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(영문) 의정부지방법원고양지원 2015.08.19 2014가단34525

계약금반환

Text

1. The Defendant: (a) on August 31, 2005, 200 won and each of the said amounts to Plaintiff A, Plaintiff C, and D, respectively. < Amended by Presidential Decree No. 17505, Aug. 31, 2005>

Reasons

1. Basic facts

A. On May 25, 2004, the Defendant sold, to the Plaintiff and the deceased B, 341,327 square meters of F forest land and 8 lots (G forest and 298 square meters, H forest and 1067 square meters, 52 square meters of forest land, J-type 52, 1329 square meters of land, J-type 261 square meters prior to K, 111 square meters of L-type land, 4036 square meters prior to M, 271 square meters of land, 3 billion won of purchase price, and 271 square meters of N-type forest and 271 square meters of land) within six months from the date of the sales contract (a single buyer’s request may be extended only once for two months) to be paid within six months from the date of the sales contract).

(hereinafter “instant sales contract”). B.

Plaintiff

A and the net B failed to pay the purchase price to the Defendant by November 25, 2004 and January 25, 2005, which was six months after the date of the instant sales contract, and two months thereafter.

C. Meanwhile, the deceased died on April 10, 2015 while the instant lawsuit is pending, and the deceased’s heir is the Plaintiff C and D, who is his child, and the heir’s share of inheritance is 1/2, respectively.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and 5 (if there are additional numbers, including each number; hereinafter the same shall apply), the witnessO’s testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. The judgment net B on the primary cause of claim died on April 10, 2015, and his heir died on the Plaintiff C and D, a child, as seen earlier. In full view of the entries in subparagraphs 1 through 4 and witness O’s testimony, the Defendant elected the head of the clan as president at the clan general meeting held on April 18, 1998, and decided to sell the clan property, including 341,327 square meters of forest land and eight lots of land, etc., and delegate the same to the president. The Plaintiff A and the deceased paid KRW 100 million to the Defendant through theO on the day of the instant sales contract, and the representative of the Plaintiff A and the deceased et al., who did not pay the remainder purchase price of KRW 4.9 billion to the Plaintiff A and the deceased on January 28, 2005, notified the president of the Plaintiff and the deceased on May 28, 2005 that the contents of the instant sales contract became null and void until the date of the instant sales contract.