계약금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The deceased B is the owner of the real estate of 475 square meters in Nam-gu G and 939 square meters in total, Nam-gu, Nam-gu, and H cemetery (hereinafter “instant real estate”).
The defendants are successors as siblings of the net B.
(The children of the deceased B renounced their inheritance). The location, form, and cadastral status of the real estate of this case are as follows.
B. On September 13, 2013, the network B concluded a sales contract with the Plaintiff regarding the instant real estate as a broker of a licensed real estate agent I with respect to the instant real estate.
(hereinafter “instant sales contract”). The down payment of KRW 30 million was paid to the network B on the day.
Sales price: 260,000,000 won intermediate payment: 100,000,000 won (payment on October 12, 2013): Article 6 of the balance of KRW 130,000,000 (payment on October 12, 2013): In cases where a seller or buyer fails to fulfill the terms and conditions of this contract, the other party may demand in writing that the unpaid person be notified and the contract be rescinded.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
Special Agreement Matters:
1. The transfer income tax (60 million won) shall be borne by a purchaser;
2. If the building permit on this land is returned, this contract shall become null and void.
C. At the time of the instant sales contract, a confirmation statement on the instant real estate was prepared and delivered to the deceased B and the Plaintiff.
The explanatory note states the “land use plan, restrictions on the use of public law, and transaction regulations” column of the instant real estate as “production control area, natural environment conservation area, and clearance zone,” and the upper limit of building-to-land ratio (the ratio of the building area to the site area) is 20% and the upper limit of the floor area ratio (the ratio of the total floor area to the site area) is 80%.
On October 1, 2013, the Plaintiff requested the Korea Cadastral Corporation to do so.