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(영문) 대구지방법원 2017.10.27 2016가합202408

계약금반환등 청구

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Since a contract for a site is premised on the premise that the contract for a real estate should be null and void at the time of the occurrence of a non-contract.

A seller shall refund the down payment he/she receives to the buyer within one week.

(2) On September 2014, the Plaintiff and the Defendant concluded a sales contract with the following terms to amend the terms of the first contract:

(hereinafter referred to as “second contract,” and “the instant real estate sales contract, made through the first and second contract,” are “the instant sales contract.” Article 1 of the Real Estate sales contract / [Attachment of Real Estate] of the Real Estate: The location of real estate: Table 1 attached to the Daegu Metropolitan City, the Seongbuk-gu, the D-based lot number size ( million won), non-high-scale and large-scale lot size (building size) No. 1 attached to the List E, and the goods (building, factory, etc.) whose rights are restricted to Defendant 17,4405, June 15, 275, shall be attached to the documents proving their rights.

Article 2 of the title F and five parcels G 5,261 1,591.457,000 Schedule 3 and 25,500,507,713.75 22,000 of 4 parcels from July 35, 846, as well as H 35 parcels of 5,261,59.47,000 7,500,713.75 22,000 of the above land * Sale price of the subject matter / [total sale price] The sale price of the subject matter shall be zero billion won (22,00,000,000) according to the following classification:

List of Land (Co., Ltd. owned by Defendant E): 2 and 3 List of Land (G, I owned and ten parcels): one hundred million won: The amount calculated by dividing the sale price under Article 3 [time of payment] the method of payment, and the first down payment with the date of payment 500 million won, and the second down payment 1 billion won on July 31, 2014 until December 31, 2014, the second down payment 1 billion won on July 31, 2015, which is in progress by the purchaser from January 1, 2015 until December 31, 2014, and the part payment 6.7 billion won on which the buyer gains ownership (the purchase price shall be the part payment of the purchase price) - The amount paid by the purchaser as the successful payment of the land in the 2 and 3 List of Land - If the actual payment is different, the remainder payment shall be the actual payment amount. < Amended by Presidential Decree No. 13580, Jun. 30, 2015>

2. Details of payment of the purchase price 1.