계약금반환
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Facts of recognition;
A. On March 30, 2007, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant land”) located within the land transaction permission zone from L from March 30, 2007 as KRW 5.785 billion (hereinafter “the first sale contract”), and paid KRW 5785 million as the down payment on the same day, and paid KRW 5.65 million to L on October 30, 2007.
B. After that, until October 30, 2007, no land transaction permission was granted for the instant land. On October 31, 2007, the Plaintiff drafted a trade agreement with L on the instant land (hereinafter “instant sales agreement”) instead of paying any balance under the said sales agreement.
The main contents of the above trading agreement are as follows:
1. The land of this case where the real estate is located;
2. The period of a sale and purchase agreement: The contract required for the land transaction permission shall be re-preparation after the lapse of the agreed amount one year from the date of the contract, and the contract required for the land transaction permission, in accordance with the agreement on the sale and purchase contract of the instant land from October 31, 2007 to November 30, 208.
4. The purchase price of the instant land shall be KRW 5.785 billion.
5. In order to obtain a land transaction permit in the instant land, the seller must actively cooperate.
- A seal imprint, etc. whose term of validity expires, among the required documents, shall be reissued at the request of the buyer (Plaintiff).
- In addition, the seller actively cooperates when securing the road site.
9. The buyer shall be the deposit money of KRW 578,50,000,000 as the expression of intent to the performance of the agreement, and when one year has passed from the date of the agreement, the buyer shall give up the deposit money in lieu of the opportunity cost, taxes and other expenses for one year.
10. Where the approval or permission of a factory is not obtained within one year, the seller shall not return the agreed amount.
In the case of paragraphs 9 and 10 below.