계약금반환 청구의 소
1. The plaintiff's primary and preliminary claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 2017, the Plaintiff was solicited to purchase G forest land of 13,871 square meters (hereinafter “instant land”) in Ansan-si from F, the land of E and E (the land of this case) in early 2017.
Article 3 If there is a reason to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the above real estate, or if there is any unpaid amount of taxes and other charges, the seller shall remove the defects and burdens of such rights by the date of the receipt of the balance and transfer the
except in cases of rights and amounts agreed to succeed.
Article 5 Until the buyer pays the intermediate payment to the seller (if there is no intermediate payment, the seller shall reimburse the intermediate payment, and the buyer may waive the intermediate payment and rescind this contract.
A special agreement: A seller grants a seal impression to a buyer simultaneously with the contract.
A seller shall grant all documents necessary for the development project of the mountainous district to a buyer.
All legal problems with respect to this land give rise to the seller's disposal at the same time as the balance.
B. On December 6, 2017, the Plaintiff concluded a contract with the Defendants to purchase the instant land in KRW 1.258 million from the purchase price, and to pay the down payment of KRW 250 million on the date of the contract, and KRW 7, 2000,000,000 on June 7, 2018, respectively (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
C. On December 6, 2017, the Plaintiff paid a down payment of KRW 250 million to the Defendants, and received a written consent from the Defendants to use land in relation to “those used for the purpose of net water construction.”
On December 7, 2017, the Plaintiff requested H to provide design services for the instant land. On the instant land, seven graves with a relative (hereinafter “refluent grave”) and ten graves with no relative (hereinafter “refluent grave”) were discovered.
grounds for recognition: