계약금 등 반환 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 43,715,068 as well as KRW 40,00,000 from November 22, 2017 to February 5, 2020.
1. Facts of recognition;
A. On November 22, 2017, the Plaintiff agreed to purchase KRW 420,00,000 from the Defendant for the purchase of KRW 420,000,00 for the Kimhae-si land, and KRW 40,000 for the down payment, KRW 30,000 for the intermediate payment, KRW 30,000 on the date of the contract, and the intermediate payment was paid on November 29, 2017, and the remainder payment was agreed to be simultaneously performed on January 10, 2019.
(hereinafter “instant sales contract”). B.
At the time of the conclusion of the instant sales contract, the Plaintiff purchased each of the above lands to newly construct a factory warehouse. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant knew that in order to obtain a building permit for construction of a building on each of the above lands, the Plaintiff and the Defendant agreed to automatically cancel the contract and refund the down payment and the intermediate payment if the consent of the construction permit is not allowed due to the access roads and civil petitions arising from the new construction of the building.
C. Around January 2019, the Plaintiff failed to obtain permission from the non-party company for land use, and the Defendant also transferred that fact to the Plaintiff.
On June and July 2019, the Plaintiff urged the Defendant and the Defendant’s wife to refund the purchase price, but the Defendant did not clearly respond to the demand. On December 11, 2019, the Defendant requested the Plaintiff to pay the balance by content-certified mail.
On December 20, 2019, the Plaintiff sent to the non-party company a certificate of content requesting the consent to use the land, and requested the company to purchase the part to use the access road on December 26, 2019. On December 27, 2019, the Plaintiff sent a notice to the Defendant on December 27, 2019 that the construction permission was impossible due to the non-party company’s refusal to use the land by content-certified mail, and sent the notice to the Defendant on December 20, 2019.
E. Meanwhile, as to each of the above lands, the Defendant on June 2018.