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(영문) 수원지방법원성남지원 2016.10.27 2015가합204010
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 22, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant, setting the sales amount of KRW 345 million with respect to the purchase amount of KRW 541 square meters prior to Gwangju-si (hereinafter “instant land”), which is owned by the Defendant, as the purchase amount of KRW 345 million (the contract amounting to KRW 50 million on the contractual day and to pay the balance of KRW 295 million on March 10, 2015).

B. The Plaintiff became aware of the instant land by the introduction of Doin, the branch of the site for the construction of the salted warehouse. The instant sales contract was concluded by the joint brokerage between Defendant E (F Licensed Real Estate Agent Office) and G (H Licensed Real Estate Agent Office). The special terms and conditions of the instant sales contract are as follows.

Matters of special agreement

1. The sales price shall include all facilities, including trees, existing on this real estate, unless otherwise stipulated;

2. The size of the building site and the building is that of trade on the basis of the right area, and even if there is a difference between the real area and the future, the buyer and the seller shall not raise any objection.

3. Matters not stated in this contract shall be governed by the provisions of the Civil Act and the general practices.

4. The development permission and the building permission granted in the name of a seller shall be granted to a buyer by changing the number of persons without any expenses; and

5. This Agreement is a contract under which development activities and building permits are obtained, and the seller will obtain again if the licence has been revoked.

C. On the date of the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 50 million, and on March 11, 2015, upon receipt of a written undertaking (hereinafter “instant undertaking”) from the Defendant, the Plaintiff paid the Defendant the remainder of KRW 290 million to the Defendant and paid the purchase price of the instant land in full.

The defendant on the same day all the documents necessary for the procedure for the registration of ownership transfer and the change of the owner's name.

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