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(영문) 인천지방법원 2019.01.16 2018가단219856
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On October 27, 2017, the Plaintiff’s agent B entered into a sales contract with the Defendant for the following terms (hereinafter “instant sales contract”) with respect to the Defendant, Pyeongtaek-gun, Sejong-gun, and 13 parcels (hereinafter “instant land”). -

The purchase price shall be KRW 420 million, and the down payment of KRW 42 million shall be paid on the date of the contract, and the intermediate payment of KRW 100 million shall be paid on November 27, 2017, and the balance of KRW 278 million shall be paid on January 17, 2018.

(Article 2. - The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination of the contract and shall not claim the return thereof.

(Article 7). The down payment, intermediate payment and remainder shall be deposited into a passbook in the name of the seller.

At present, the maximum debt amount of the E Bank is set at KRW 210,000 (special terms).

B. The Plaintiff paid KRW 42 million to the Defendant on the day of the contract, and paid KRW 90 million in total as part payments by November 27, 2017.

C. On January 10, 2018, the Plaintiff sent a certificate to the Defendant stating that “The Defendant entered into a contract, with the knowledge that the instant land would not have obtained permission for the development of electric power resource, as there is no problem with the permission, and the consent to use and packing issues are not resolved with respect to access roads which are essential conditions for permission, so the instant contract will not be null and void and will not pay any balance, and demand compensation for total of KRW 132 million and KRW 4.8 million paid and KRW 136.8 million.”

On January 11, 2018, the Defendant responded to the Plaintiff on January 11, 2018 to the effect that “the conditions of authorization and permission have been clearly rejected at the time of the contract, no special agreement has been made except as otherwise stipulated in the contract, and the contract shall be performed in accordance with the contract.”

On February 6, 2018, the Defendant returned KRW 90 million to the Plaintiff as an intermediate payment.

[Ground of recognition] There is no dispute.

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