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(영문) 의정부지방법원 2017.05.12 2015가합53077

매매대금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 4, 2007, the Plaintiff concluded a sales contract with the Defendant to purchase the price of KRW 250 million (hereinafter “instant sales contract”) of KRW 250,000,000,000,000 prior to Gyeonggi-gun, Gyeonggi-do, and KRW 2159 square meters prior to D (hereinafter “each of the instant lands”), and agreed to pay the remainder of KRW 25,00,000 on the day, and the remainder of KRW 225,00,000,000 on December 20, 2007.

On the day of the contract, the Plaintiff paid KRW 1 million out of the down payment to E, a representative of the Defendant, and transferred the remainder of the down payment to the Defendant on November 7, 2007.

(1) Access roads to the land within the special agreement shall be submitted simultaneously with the settlement of the balance with the defendant's written consent for use.

(2) A contract shall be automatically terminated when two written consent to the use of the road is not attached until the balance is settled.

(3) When granting housing permission within land, the plaintiff and the defendant mutually cooperate.

B. At the time of the instant sales contract, the Plaintiff stipulated under a special agreement that the Defendant received a letter of consent to the use of the road from H, which is the owner of the land of 4,562 square meters and G large 794 square meters (hereinafter “each adjoining land of this case”) located in Gyeonggi-gun, Gyeonggi-do adjacent to each land of this case, and the details of the special agreement are as follows.

C. On December 24, 2007, the Plaintiff paid the Defendant’s agent KRW 125 million out of the remainder to E, and, instead of paying the remainder of KRW 100 million, paid the Defendant’s remainder of the remainder to the Defendant’s agent, instead of paying the remainder of KRW 100 million, the Defendant paid the Defendant’s remainder of the collateral security obligations on each of the instant land (total amount of KRW 98 million)

The Plaintiff completed the registration of ownership transfer for each of the instant lands on the same day.

H on April 10, 2008, issued to the Plaintiff a written consent to land use to the effect that the Plaintiff consented to the use of each adjoining land of this case for the purpose of the access site.

E. On April 15, 2008, the Plaintiff filed an application for permission to engage in development activities for each of the instant lands with the head of Pyeongtaek-gun on April 15, 2008, and on a 4,562 square meters of a forest forest in Gyeonggi-gun among the adjoining lands of