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(영문) 창원지방법원통영지원 2016.11.30 2016가단22416

기타(금전)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On August 27, 2015, the Plaintiffs concluded a sales contract with the Defendant for the following terms (hereinafter referred to as “instant sales contract”) with the Defendant: (a) to purchase the E 2,410 square meters (hereinafter referred to as “instant land”) from the Defendant for the purpose of constructing a new house for electric power resource; and (b) to pay the Defendant the down payment of KRW 56,000,000,000 to the Defendant.

The indication of real estate: Article 6 of the purchase price of the instant land: 560,000,000 won (the contract deposit of KRW 56,000,000 shall be paid at the time of the contract, the balance of KRW 504,000,000 shall be paid on January 31, 2016): The seller shall compensate for the share of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination of the contract and shall not claim a return.

Special Agreement Matters:

1. The consent of the seller is required to develop the land of this case.

2. The above contract shall be null and void at the time the balance becomes due;

B. On November 10, 2015, the Plaintiffs prepared three design drawings to newly construct the instant land, and applied for permission to engage in development activities on the said land at the time of grace on November 10, 2015. On December 11, 2015, the Defendant issued to the Plaintiffs a written consent to the use of the instant land.

C. After February 5, 2016, the Plaintiffs and the Defendant agreed to delay the payment date as of February 5, 2016, and the Plaintiffs paid KRW 2,000,000 to the Defendant as interest for the postponement of payment of the remainder on the same day.

On February 25, 2016, the Defendant sent to the Plaintiffs, on March 11, 2016, a proof of the content that the instant sales contract would be cancelled and the down payment would be confiscated if the remainder is not paid by March 11, 2016. On March 14, 2016, the Defendant sent again a proof of the content that the Defendant would urge the payment of the remainder by March 25, 2016 under the name of attorney F.

Accordingly, the Plaintiffs, on March 23, 2016, refused to issue a written consent to land use and a certificate of seal impression necessary for permission for development activities and delayed payment of the remainder. Thus, the Plaintiffs’ written consent to land use and the Defendant’s written consent to land use.