계약금반환등
1. Of the lawsuit in this case, a notary public’s repayment contract of the obligation set forth in No. 2461 of the Changwon Law Firm Certificate (Quasi-Loan for Consumption) in 2009.
1. Basic facts
A. On June 30, 2008, the Defendant obtained permission to collect earth and rocks (hereinafter “instant permission”) with the volume of 160,000 cubic meters for public works and period from July 25, 2005 to June 30, 201, from the Sincheon-si Forest (hereinafter “C clan”) owned by the Sincheon-si (hereinafter “C clan”) for the collection of earth and rocks (hereinafter “instant permission”), which was permitted to collect earth and rocks in accordance with the said permission.
B. The plaintiff is from the defendant on December 23, 2009.
When purchasing the right to collect earth and stones stated in paragraph (1) (hereinafter “instant right to permission”), the Defendant entered into an agreement on the transfer of the right to collect earth and stones as follows (hereinafter “instant agreement”).
Article 1 (Purpose) The purpose of this Agreement is to transfer or acquire to “B” the right to collect earth and stones for the business (the tin industry) operated by “A”.
Article 2 (Subject Matter of Transfer and Receipt) (1) The following rights maintained by “A” shall be transferred to “B”:
- Transfer and acquisition price of the right to collect earth and stones and of the above right to obtain earth and stones under Article 3 (Transfer and Receipt Price) of the Road established in order to collect earth and stones at the time of harming the permission other than D’s right to collect earth and stones on the ground in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Won 900,000,000 (90 million won).
Article 4 (Methods of Payment for Transfer and Receipt) (1) : 400,000,000 won (the cost of KRW 400,000,000) (2) The intermediate payment: 300,000,000 won (the payment on February 23, 2010) (3) The remainder: 200,000,000 won (the cost of KRW 200,000 (the payment on March 23, 2010, the amount of KRW 100,000) (4) The amount of the above paragraph (3) shall be deposited as a penalty in the event of failure to comply with Article 55 (1).
(5) With respect to the real estate referred to in subparagraph (a) and (b) of Article 6 among the real estate provided for in subparagraph (a) and (b) with the guarantee of payment for intermediate payments and remainder at the same time as this contract is concluded, the provisional registration procedure for the registration of the ownership transfer registration claim based on the reservation