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(영문) 수원지방법원 2015.01.20 2013가합25760

매매대금반환 등

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 30,000.

Reasons

1. Basic facts

A. While the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) was aware of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) through the introduction of Nonparty G, in order to obtain market profit by purchasing the land, the Plaintiff entered into a sales contract with the Defendant on September 21, 2004 with the Defendant’s child represented by the Defendant on his behalf to purchase KRW 1,684 square meters of the 1,684 square meters of the Habri-gu in Sungnam-si in the name of H (hereinafter “I sales contract”) with the Defendant’s child to purchase KRW 865,00,000 for the purchase of the 1,684 square meters of the Habri-gu in the name of H (hereinafter “I sales contract”).

B. On October 6, 2004, the Plaintiffs also concluded a sales contract with a purchaser of “G and four other persons, and the Plaintiff’s land transaction permission area “G,” with the content that the Defendant would purchase KRW 708,000,000 (hereinafter “E forest land before division”) for the purchase of KRW 320,000,000 for the land owned by the Defendant, Sungnam-si, Sungnam-si (hereinafter “E forest land before division”). The specific content is as follows.

The down payment of KRW 30 million shall be paid as of October 20, 2004; the first intermediate payment of KRW 100 million as of the contract date ( October 6, 2004); the second intermediate payment of KRW 160 million as of January 10, 2005; and the remainder of KRW 30 million shall be decided under mutual agreement after July 2005; and a provisional disposition shall be taken in the buyer’s name if a long-term delay is delayed due to a soil-related area problem, etc.

In the event of the seller's breach of contract, the seller shall reimburse the amount of the down payment, and the buyer shall waive the down payment and not claim the return thereof.

After the payment of the second intermediate payment, the seller shall immediately provide the above written consent to the use of the land when the purchaser requests it.

C. With respect to a sales contract E, the Plaintiffs each include the Defendant KRW 30 million for down payment on October 6, 2004, KRW 100 million for the first intermediate payment on October 2004, KRW 150 million for the part of the second intermediate payment on January 10, 2005, and KRW 10 million for the remainder of the second intermediate payment on February 4, 2005.