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(영문) 수원지방법원 2017.09.22 2016나18958
계약금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant is the owner of 5,138,139/6,916, and 2,091 square meters of G forest land among 1,140 square meters of D forest land, E forest land, 1,06 square meters of F forest land, and 634 square meters of forest land in Gwangju-si.

H, the husband of the Defendant, among each of the instant real estate, has 1,778,167/6,916,306 shares out of 634 square meters of forest land in Gwangju-si.

(hereinafter referred to as the above Gwangju City D, E, F, and G real estate "each of the instant real estate"). (b)

On June 10, 2014, the Plaintiff, B, and I, and the Defendant, and H concluded a sales contract with the payment of the purchase price of KRW 412 million, the down payment of KRW 20 million, the remainder of KRW 392 million, and the remainder of KRW 300 million on August 11, 2014 (hereinafter “instant sales contract”). The down payment was paid by the Plaintiff on June 10, 2014, the down payment was paid by the Plaintiff KRW 19.5 million and KRW 5 million, which was the date of the contract, and H issued a receipt to the Plaintiff and B.

The terms and conditions of the instant contract are as follows.

- This contract is a contract including road sites - This contract is concluded by B as the representative of the house site and the like, and the solicitation of persons shall be borne by B.

- the condition that a letter of consent to road and land use is issued to the extent necessary for authorization and permission at the same time as the contract - the balance of land purchase and sale shall be paid to the buyer including within 20 days from the date of acquisition of authorization and permission,

- To cancel the right to collateral security and superficies at the end of the balance.

C. Since then, B and the Defendant revised part of the terms and conditions of the instant sales contract as follows (hereinafter “instant modified contract”) and affixed B’s seal.

- This contract is a contract including road sites - This contract is concluded by B as the representative of the house site and the like, and the solicitation of persons shall be borne by B.

- the condition that a letter of consent to road and land use is issued to the extent necessary for authorization and permission at the same time as the contract - the balance of land purchase and sale shall be paid to the buyer including within 20 days from the date of acquisition of authorization and permission,

- The right to collateral security and superficies upon any balance.

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