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1.The judgment of the first instance shall be modified as follows:
Cheongju District Court 2013j159 against the plaintiff.
Reasons
1. Basic facts
A. On August 5, 2011, the Defendant agreed to purchase the land and above ground buildings (hereinafter “instant real estate”) from Cheongju-si, Seowon-gu, Cheongju-si, a broker who operates D real estate in Cheongju-si C, from E, E, E, the Plaintiff’s employee E, a broker for running D real estate in Cheongju-si, for KRW 840,000,000 (hereinafter “instant sales contract”) and paid KRW 100,000 as down payment to the E, Young-si, Inc. on the day of the contract (hereinafter “instant sales contract”).
B. Paragraph (7) of the special terms and conditions of the instant sales contract stipulate that the sales contract shall be null and void and the down payment shall be returned if the competent authority does not permit the business type and business of the Defendant, who is the purchaser of the instant real estate. However, the Defendant demanded the return of KRW 100,000,000 already paid, indicating the intention to cancel the instant sales contract to the E, on October 201, on the ground that it was difficult for the Defendant to obtain the authorization of development activities, etc. on the instant real estate from the residents.
C. On April 30, 2012, AD sold the instant real estate to Egypt Co., Ltd., and completed the registration of ownership transfer on April 30, 2012, and is currently in the status of corporate bankruptcy.
On January 11, 2013, the Defendant filed a request for payment order (Cheongju District Court 2013 tea 159; hereinafter “instant payment order”) against the Defendant, the Plaintiff, and the Plaintiff and E for payment delay from the day following the delivery of the original copy of the payment order (Cheongju District Court 2013 tea 159; hereinafter “instant payment order”) and withdrawn an application for payment order against E, and withdrawal on April 29, 2013. The payment order against the Plaintiff was served on the Plaintiff on January 17, 2013, and was served on the Plaintiff on January 17, 2013.
2.1. Finality has been made.
[Ground of recognition] A.