소유권이전등기
1. The Defendant is based on the sale and purchase on July 10, 2015, with respect to the reported forest C, 769 square meters in Cheongju-si, Cheongju-si.
1. On July 10, 2015, the Plaintiff and the Defendant concluded a sales contract stating that the Plaintiff purchased the amount of KRW 345,000,000 from the Defendant for KRW 345,50,000 in the petitioner-gu, Cheongju-si (hereinafter “instant real estate”). The contract deposit amount of KRW 34,50,000 on the date of the contract, the remainder of KRW 310,50,000 shall be paid on September 10, 2015, and all documents necessary for the registration of transfer of ownership shall be delivered at the time of receipt of the remainder (hereinafter “instant sales contract”).
The plaintiff and the defendant made the following special agreements in the above contract:
Matters of special agreement
1. Written consent to land use and a certificate of seal impression issued by a seller to a buyer shall be used only for applying for building permission;
2. The remainder shall be paid within 20 days from the approval date, notwithstanding the payment date of the remainder.
3. If the buyer fails to perform his obligation to pay any balance, a written consent to the use of land issued by the seller on the following day shall be null and void.
4. The buyer shall not commence the construction work prior to the payment of any balance.
5. The crops on the land shall be taken by the seller before the commencement of the construction work, and if the seller fails to take the land, the buyer may dispose of them at his discretion; and
On the day of the above sales contract, the Plaintiff paid the down payment of KRW 34,500,000 to the Defendant, and the Defendant, on the same day, issued to the Plaintiff a written consent for land use (hereinafter “written consent for land use”) stating that “a construction act is consented to” with respect to the instant real estate.
On July 28, 2015, the Plaintiff requested the D architect office to design the instant real estate, and paid KRW 5,000,000 as the down payment on July 30, 2015.
On August 7, 2015, the Defendant notified the Plaintiff of the cancellation of the instant sales contract. On the same day, Daejeon District Court Decision 2015No4295, supra, KRW 69,00,000 corresponding to the double amount of the down payment under the instant sales contract.