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(영문) 울산지방법원 2018.11.22 2017가합25563

매매대금반환

Text

1. The Defendant: (a) KRW 1,500,000,000, and 5% per annum from June 8, 2015 to January 23, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On March 29, 201, the Defendant: (a) purchased approximately KRW 15,00 of the landfill site and approximately KRW 10,000 of the other site in D Industrial Complex; (b) KRW 10,000 of the waste disposal site site in E Industrial Complex; and (c) purchased KRW 10,000 of the waste disposal site in E Industrial Complex and KRW 5,85,000 of other site after approval of each of the above industrial complex plans; and (d) concluded a sales contract under which ownership of each of the above sites (hereinafter “each of the instant sites”).

B. On July 7, 2011, with respect to each of the instant sites, the Plaintiff and the Defendant agreed to receive a transfer from the Defendant at the same time with respect to the approval of each of the instant industrial complex plans that the Defendant would have purchased from Si Young Development Co., Ltd. as above, and the contract deposit amount of KRW 500 million shall be paid on the date of the contract, and the purchase price shall be agreed later, but if the agreement on the purchase price is not reached, a provisional contract stating that the Defendant would return the down payment:

On the same day, the Plaintiff paid KRW 500 million to the Defendant. The provisional contract shall be prepared with respect to each of the instant sites within the “D Industrial Complex” and the “E Industrial Complex” under the name of the Defendant and Si/Gun/Gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Development.

However, the purchase price of land shall be determined to be mutually agreed later.

1. 500 million won of the down payment shall be paid on July 7, 2011.

2. When the approval of the Corporation's execution plan is revoked, the defendant shall return the principal to the plaintiff within ten days.

3. In case where the Plaintiff and the Defendant did not reach a mutual agreement on the purchase price of land, the Defendant shall refund KRW 500 million to the Plaintiff within 10 days.

C. Moreover, the Plaintiff around May 30, 2012.