매매대금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
1. Basic facts (the process of concluding and implementing a sales contract between the original and the Defendant);
A. On October 11, 2007, the Defendant, as the executor of the Housing Site Development Project in Suwon-si (hereinafter “instant development project”), announced the supply of the land for the multi-family housing of the Gwangju Bridge City, which is created through the instant development project.
With respect to the land A6 block (hereinafter “instant land”), among the above land to be supplied, the Defendant determined on March 3, 2009 the supply announcement as follows: (a) the purpose of supply is rental housing; (b) the size of the leased housing; (c) the size of the area exceeding 85 square meters; (d) 60,176 square meters; (e) the floor area ratio is 120 percent; (e) the number of households is 485 square meters (exclusive area exceeding 85 square meters); (e) the supply amount is 167,289,280,000 won
B. The Plaintiff participated in the bid of the instant land and was selected as a successful bidder. Accordingly, on October 30, 2007, the Plaintiff purchased KRW 167,289,280,000 for the instant land between the Defendant and the Defendant. 16,728,928,00 for the down payment of KRW 50,186,784,00 for the first intermediate payment of KRW 25,093,392,00 for the second intermediate payment of KRW 25,00 for the second intermediate payment of KRW 25,093,392,00 for the third intermediate payment of KRW 25,093,392,00 for the remainder payment of KRW 20 on June 20, 2008, the sales contract of the instant land should be paid after the completion of the contract (hereinafter “the contract”).
The Plaintiff paid the Defendant the down payment of KRW 16,728,928,00 on the day of the contract according to the instant sales contract.
Article 3 (Use of Land for Purpose) (2) In the event that the plaintiff intends to use the land for the original purpose, he/she shall pay in full the purchase price or provide security as determined by the defendant for the unpaid balance and obtain the consent of the defendant
Provided, That where a development project is completed and the adjustment of the register is completed due to the completion of the development project, the plaintiff shall not approve the use.
Article 4 (Area Settlement) (1) A site which is concluded with an area requiring provisional construction before completion of creation works shall be the area requiring provisional construction works.