beta
(영문) 의정부지방법원 2020.08.13 2020나203030

매매대금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 2015, the Plaintiff purchased a 30,332 square meters of land D (hereinafter “housing site”) in Yongsan-gu, Yongsan-gu, Seoul and 2, and agreed to newly build and sell a multi-household house on the relevant ground. Around October 2015, the Plaintiff entered into a contract with C to purchase the said land at KRW 1.825,00 million (hereinafter “housing site purchase contract”). At the time, the Plaintiff paid C the down payment of KRW 185,000,000,000 according to the said sales contract.

B. On October 21, 2015, the Plaintiff entered into a contract with the Defendant to purchase the instant land adjacent to the housing site (hereinafter “instant sales contract”) in order to use the land of this case as a road for constructing the above multi-household housing among the land of 1,600 square meters in Yongsan-gu, Seoyang-gu, Seoyang-gu, the Defendant owned for the purpose of using the land of 168 square meters (hereinafter “instant land”).

At the time, the Plaintiff paid the Defendant the down payment of KRW 20 million according to the instant sales contract.

The purchase price of KRW 200 million (the contract amount of KRW 20 million is paid at the time of the contract) - The buyer (the plaintiff) is a contract to purchase in order to use it as a road for constructing multi-household houses. All contracts are null and void at the time of the refusal of permission, and the seller (the defendant) shall immediately return the down payment without penalty, and the buyer shall return all the documents provided by the seller.

- The seller shall provide the documents necessary for authorization as soon as the contract is concluded.

C. On May 2016, the Plaintiff filed a report on multi-household housing construction with respect to the housing site with the Yongsan-gu Office of Yongsan-gu (hereinafter “Masan-gu Office”).

After August 2016, the Yongsan-gu Office requested the Plaintiff to submit again the consent form of the owner of the housing site and the person with superficies. Accordingly, the Plaintiff sent a certificate of the contents of urging the Plaintiff to deliver the consent form for the use of the land to two other parties, but the above C, etc. refused to comply, and the Jung-gu Office did not submit the consent form of the landowner on October 24, 2016.