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(영문) 의정부지방법원 2018.05.30 2017가단120912

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 11, 2017, the Plaintiff, who was engaged in the sprinking manufacturing and wholesale retail business with the trade name of “C”, entered into a sales contract with the Defendant on a fixed basis of KRW 1.570 million for the total amount of eight lots of eight lots of land owned by the Defendant (hereinafter “each land of this case”) as KRW 1.50 million for the purpose of constructing a food factory (hereinafter “the sales contract of this case”). On August 11, 2017, the Plaintiff paid KRW 1.50 million for the remainder of KRW 1.50 million and KRW 1.42 million for the same day.

B. Meanwhile, there was a stable in the vicinity of each of the instant lands. On August 17, 2017, the Plaintiff sent a text message to the Defendant, stating that the Plaintiff could not pay the down payment until the problem is resolved, as the cause of serious cause (satisf) not notifying the seller or the broker of the partial payment of the instant sales contract occurred.

Accordingly, if the defendant does not pay the remaining down payment by August 22, 2017 to the plaintiff on the same day, the defendant shall notify the plaintiff that the contract is cancelled without returning the already paid KRW 100 million.

Plaintiff

A contract was concluded after the principal confirmed the field, and the broker also explained from the next stables that maize spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn on the land of this case, and the contract was concluded to the defendant, thus notifying the defendant that the plaintiff would not know that

“The content certification was sent.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 8, 11, 12 and 14, and the purport of the whole pleadings

2. The plaintiff's assertion is well aware that the plaintiff intended to purchase the land of this case for the purpose of constructing a food factory, and at the time of concluding the sales contract of this case, the defendant did not inform the plaintiff that there exists a stable in the land adjacent to the land of this case