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(영문) 부산지방법원동부지원 2015.01.23 2014가합2975
계약금반환
Text

1. The Defendants, from the Plaintiff, 19.2783 shares of 19.2783 square meters in Busan-gun E-Gun, Busan-gun, and FF road in Busan-gun.

Reasons

1. Basic facts

A. On April 14, 2014, the Plaintiff entered into a sales contract: (a) purchased from the Defendants the amount of KRW 735,500,000 square meters of Gan-gun, Busan, Busan (hereinafter “instant land”); (b) the contract date, intermediate payment of KRW 47,00,000 on May 9, 2014; and (c) the remainder payment of KRW 588,00,00 on June 13, 2014; and (d) stipulated the following special agreements:

(hereinafter “instant sales contract”). 2. Division of land by a seller shall be set at sea.

3. Of 2,430 square meters (735 square meters), 116 square meters (35 square meters) shall be co-owned on an internal road;

4. The inside roads (six meters in width and concrete packaging) of a site subject to sale and purchase shall be set up by a seller until any balance is paid and shall not interfere with the use of the site;

Access roads to the entrance of land shall be registered as a share.

5. The payment of part payments shall be based on the completion of land division, but the part payments shall be paid when the division is completed even before the payment date of part payments

6. The balance shall be paid within ten days after the purchaser obtained a construction permit even before the remainder payment date.

B. On March 28, 2014, the Plaintiff paid KRW 100,000,000,000 for down payment, and KRW 50,000,000 for the remainder down payment on April 15, 2014. On June 16, 2014, the Plaintiff paid the intermediate payment of KRW 47 million.

C. (1) On May 9, 2014, the Defendants conducted a survey by entrusting the Korea Cadastral Corporation with the purpose of land partitioning.

(2) In order to obtain a building permit on March 27, 2007, Defendant B and C purchased 3/4 and 145.5 square meters of 194 square meters of land for H, Busan, Busan, the site for access road, from I to KRW 35 million, and the registration of transfer of ownership is to be made to a person designated by the said Defendants. As to 19.2783/5 of the said forest shares under the Plaintiff’s name after concluding the instant sales contract, the registration of transfer of ownership is made to the said person, and as to 19.2783/5 of the said forest shares under the Plaintiff’s name, the Busan District Court No. 64203, Jul. 3, 2014; and 14.6256/3 of the said road (divided into 8 square meters of land).

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