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(영문) 인천지방법원 2018.11.06 2018가단5002

매매대금반환등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Both claims;

A. On March 2, 2011, the Plaintiffs and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the purchase price of KRW 600 million (the contract amount of KRW 120 million, the remainder of KRW 480 million, and the remainder of KRW 400 million) with respect to the amount of KRW 61,190 square meters and KRW 39,273 square meters of forests and fields E, Gyeonggi-gu, Gyeonggi-gu, the Defendant owned.

By March 16, 2011, the Plaintiffs paid the down payment of KRW 120 million ( KRW 40 million on the day of the contract, KRW 72 million on March 15, 201, KRW 8 million on March 16, 2011, and KRW 40 million on March 16, 201), and thereafter, upon the Defendant’s demand for part payments for the construction of roads, paid KRW 10 million on May 19, 201.

(2) On June 2, 2011, the Plaintiffs and the Defendant agreed on the instant sales contract as follows.

① In the event that the Plaintiffs are unable to pay the remainder by June 15, 2011, the Defendant returns the base-paid down payment and the road price of KRW 160 million to the Plaintiffs, and cancel the sales contract without any terms and conditions.

(2) When a contract is completed, 20 million won shall be additionally paid as road expenses.

(3) However, as the Defendant’s road construction becomes difficult and the above agreement cannot be implemented, the Plaintiffs and the Defendant agreed on June 6, 201 as follows (hereinafter “instant agreement”).

① The Plaintiffs and the Defendant agree to invalidate the instant sales contract as a source.

② All documents provided by the Defendant to the Plaintiffs, including a certificate of personal seal impression, shall be returned to the Defendant.

③ According to the reversal of a sales contract, the Defendant shall pay the Plaintiffs the road price of KRW 100 million on June 7, 201, and the remaining down payment of KRW 60 million and KRW 80 million, including the Defendant’s payment of KRW 20 million to the Plaintiffs (compensation for the invalidity of a sales contract), shall not raise a civil or criminal objection even if the instant land was paid after entering into a contract with another person.

(4) On June 6, 2011, the Defendant paid only KRW 50 million on June 7, 2011 among the amounts under the instant agreement.

① The Defendant shall pay the amount of KRW 120 million in accordance with the instant agreement.

(e)in other words,