logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.11 2018가합10626
매매대금반환
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. The Defendants jointly share 863,180,928 won to the Plaintiff.

Reasons

1. Basic facts

A. On September 2016, the Plaintiff made an oral agreement with the Defendants to purchase the land of the land E with the wife population E 14,072 square meters, F forest land 7,260 square meters, G forest land 624 square meters (i.e., H forest land 14,291 square meters, I forest land 7,551 square meters, and D forest land 635 square meters; hereinafter referred to as “each of the instant real estate” in total after the registration conversion; and (ii) made an oral agreement to purchase each of the instant real estate on three occasions in total on November 11, 2016.

According to the sales contract finally agreed upon around December 29, 2016 (hereinafter “instant sales contract”), the sales price of each of the instant real estate is KRW 24,000,000,000, and the down payment is KRW 300,000,000 when entering into a contract, the intermediate payment is KRW 200,000,000 when entering into a contract, appears to have been clearly written in December 29, 2016.

A. The remainder of KRW 1,900,000 shall be paid in September 11, 2017, and the seller agreed to transfer ownership registration and transfer of each of the instant real estate at the same time as the remainder is received.

Special Agreement Terms and Conditions (Revised December 29, 2016)

1. The remainder of the contract shall be ten months, and if it is deemed difficult to obtain the permission within five months after the contract, this contract shall become null and void and the down payment shall be immediately returned to the buyer “B (Plaintiff and hereinafter the same shall apply).

Provided, That the balance shall be paid after receiving a loan from a bank after the approval of the authorization and permission, and the seller shall not raise any objection and accept the balance.

2. The term “A” (the Defendants; hereinafter the same shall apply) refers to the cycle of filing a provisional registration with “B” with respect to the G forest (site D forest) area of 624 square meters at the same time as the down payment is made. If “A” is unable to return the down payment within three months in the event that the permission for the said land is not granted to “B” and the down payment is not returned within three months, the G forest land of 624 square meters shall be transferred to “B” to the return of the down payment.

3. The contents of the authorization and permission shall be.

arrow