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(영문) 서울북부지방법원 2017.06.15 2016가단111871

계약금반환 청구

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 March 25, 2015, the Plaintiff: (a) purchased and developed land; and (b) concluded a sales contract with the Defendant on March 25, 2015, stating that the purchase price of KRW 69,556 square meters (hereinafter “instant land”) of Chuncheon-si E-si E-si (hereinafter “instant land”) shall be KRW 530,000,000; and (c) the intermediate payment of KRW 53 million shall be KRW 100,000 on the date of the contract; and (d) the intermediate payment of KRW 10,000,000,000 on May 25, 2015; and (e) the remainder of KRW 377,70,000,000 on August 25, 2015 (hereinafter “instant contract”).

B. The Plaintiff and the Defendant agreed to enter into the agreement as follows at the time of the instant contract.

1. A seller shall issue a buyer a written consent to land necessary for permission for development activities, such as environmental impact assessment;

Provided, That the buyer shall not construct buildings, etc. on the above land except for the acts of obtaining permission.

2. Where any balance cannot be collected after completion of the permission for development activities, the contract shall be destroyed without returning the down payment.

3. At the time of termination of the contract the buyer may not recover all acts and facilities installed to obtain the above permit from the land to the original state and may not claim any civil or criminal liability against the seller.

4. A seller shall not sell to any other person any event before the remainder date.

C. At the time of the conclusion of the instant sales contract, the Plaintiff paid the down payment of KRW 53 million to the Defendant, but did not pay the intermediate payment and the remainder, and the Defendant did not pay the intermediate payment. On May 26, 2015, the Plaintiff sent a certificate of content that the said contract is deemed terminated if the intermediate payment is not paid to the Plaintiff by June 1, 2015.

On the other hand, the Plaintiff requested an analysis of the locational condition of the instant land to the Samsan corporation around April 2015, which was after the conclusion of the instant contract, and as a result, the average gradient of the said land is 27.2∑ 27.2∑ and 61.4% gradient of the said land is 25∑ or more, and Chuncheon City urban planning.