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(영문) 부산고등법원 2015.05.13 2013나9949

계약금등 반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 11, 2010, the Plaintiff entered into a sales contract with approximately KRW 350 square meters (hereinafter “instant land”) out of approximately 11,306 square meters (3,420 square meters; hereinafter “the instant land before the instant partition”) of D Forest land in Busan-gun, Busan-gun (hereinafter “the instant sales contract”) to purchase KRW 105,00,000 (hereinafter “the instant sales contract”). On the same day, the Plaintiff remitted KRW 60,000 to the account deposit in the name of C, and the content of the instant sales contract is as follows.

매도인 C(인감 날인) 계약금 60,000,000원은 계약 시에 지불함, 잔금 45,000,000원(지급기일 부분 공란) ☞ 특약사항 계약 시 면적 약 350평을 정확히 설계도면을 참고해서 잔금 지급 시 가감 계산한다.

The buyer shall bear the expenses incurred in other permitted matters or road civil works.

B. The Defendant, between October 19, 2009 and C, intended to purchase 2,980 square meters (9,851 square meters) out of the land before the instant subdivision in the form of KRW 864,20,000 (hereinafter referred to as “the sales contract as of October 19, 2009”).

)을 체결하였는데, 위 매매계약의 내용은 아래와 같다. 계약금 105,000,000원은 계약 시, 중도금 200,000,000원은 2009. 11. 5., 잔금 559,200,000원은 2009. 11. 30. 각 지불함. ☞ 특약사항 잔금은 건축허가를 취득한 후 지급한다. 도로부분(약 430평 은 지분등기로 등기한다.

Any balance shall be paid after the completion of civil engineering works.

The right to share shall be registered by split-off.

C. The land before the instant partition was divided as indicated below. On June 13, 2011, the Defendant and his husband N shall complete the registration of ownership transfer on each of the Defendant’s share 6,938/11,306, N38/11, 386, 386/11,306, and 3,386/11,306 with respect to the land owned by C among the land, and on June 13, 201, the registration of ownership transfer was completed on June 13, 201, as to the land indicated below, as indicated below: C,O, P, 2, 3, and 4, as to the land. < Amended by Presidential Decree No. 23025, Jun. 13, 2011>