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(영문) 대전지방법원 2015.05.29 2014나106630
매매대금반환등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Defendants, prior to the division, purchased E Forest Land No. 14,777 square meters, 793 square meters prior to F, and 456 square meters of G site in amount to KRW 1,450,00,000, and formed and sold the said land as a housing site, and the Defendants are the buyers who entered into a sales contract with the Defendants for a part of the land.

B. On April 20, 2012, E- 14,77 square meters of H forests and 3,442 square meters of H forests and 3,442 square meters of H forests and 887 square meters of J forests and 109 square meters of land, and 1,021 square meters of K forest and 1,021 square meters of land are divided, respectively, on May 30, 2012, E- 9,559 square meters of forests and 9,559 square meters of L forests and 9,559 square meters of land on June 4, 2012, M forests and 6,113 square meters of land were divided from L forests and 9,559 square meters of land on April 4, 2012; on July 1, 2012, Sejong Special Self-Governing City became a 3,446 square meters of forest and 46 square meters of land due to the change of administrative district.

C. (1) On May 9, 2012, the Plaintiffs entered into the instant primary sales contract with the Defendants on the following occasions: (a) purchase from the Defendants of KRW 562 square meters of E Forest land (hereinafter “instant land”) out of KRW 11,335 square meters in public land in public land, KRW 90,000; (b) payment of KRW 27,000 on the date of the contract, intermediate payment of KRW 45,000 on May 29, 2012; and (c) the Defendants shall pay the remainder of KRW 18,00,000 on June 15, 2012 to the Defendants: (a) not only the Civil Works for the said land (Housing Site Construction Work); (b) the Defendants, upon completion of land division and subdivision registration, deliver documents necessary for the registration of transfer of ownership to the Plaintiffs; and (c) the delivery of superficies, etc. in the name of a third party on the said land by the date of payment of the remainder; and (d) the cycle of the instant land to be cancelled 15.

(2) On May 29, 2012, the Plaintiffs remitted the down payment of KRW 27,000,000 to the deposit account in the name of each Defendant C, and KRW 45,000,000 from May 29, 2012.

(1) The instant secondary sales contract was concluded (1) The said E forest land, including the subject matter of the instant primary sales contract, is worth 1,335 square meters.

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