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(영문) 서울중앙지방법원 2020.07.17 2019가합573331

매매대금반환

Text

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

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

Reasons

1. Basic facts

A. On October 29, 2007, the Plaintiff entered into an agreement for the sale of real estate after permission for land transaction (hereinafter “instant agreement”) with the deceased, with the content that he purchases the land of KRW 50,369 square meters in Ansan-si E forest (hereinafter “the instant land”) in KRW 3.5 billion, and paid KRW 350 million to the deceased as the down payment.

The details of the instant agreement are as follows.

1. The predetermined trading amount shall be 3.5 billion won;

2. (baility) The Plaintiff should pay to the Deceased the agreed amount of KRW 350 million.

3. The above agreed amount of KRW 350 million will be finally reverted to the Deceased, and the Plaintiff cannot claim the return of the agreed amount in any case, such as the Plaintiff’s failure to obtain land transaction permission within the agreed period.

6. The Plaintiff shall obtain a land transaction permit within six months from the date the land transaction agreement is entered into. If the Plaintiff fails to obtain a land transaction permit within the said period, or if it becomes final and conclusive that it is unable to obtain a land transaction permit for any reason during the said period, this

However, if the Plaintiff is unable to obtain land transaction permission within the above period, the Plaintiff may demand an extension of the period for a period of two months only once on condition that he/she should be paid to the Deceased. If the Plaintiff pays the above KRW 50 million, the Deceased may not refuse the said request of the said Plaintiff.

Even if the plaintiff fails to obtain permission for land transaction within two months of the above extension, the validity of this Agreement shall expire as provided in the main sentence.

8. When obtaining land transaction permission, the deceased and the plaintiff immediately enter into this contract, and at this time, they seem to be the clerical error in Paragraph 1(2) of the above Article.

The agreed amount described in paragraph (6) shall be converted into a part of the purchase price, and if the amount is paid in KRW 50 million as described in paragraph (6), the sales price shall be increased as much as the amount.

B. The Plaintiff was unable to obtain permission for land transaction within six months from the date of concluding the instant agreement, and Article 6 of the instant agreement.