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(영문) 대전지방법원천안지원 2016.09.02 2015가합1546
계약금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that carries out housing projects, etc. in the two Northwest-gu, Seocheon-gu, Seocheon-gu, 3-gil 41, and the Defendants are owners of each land listed in the attached Table 2 (hereinafter “each land of this case”).

B. Since around 2006, in order to promote an urban development project of Q District (hereinafter “the instant development project”) in the 442,970 square meters of Seoul-gu Pilwon, Chungcheongnam-gu, Seoul-gu, where each of the instant lands was included, and on May 9, 2008, in order to make a public announcement of application for designation of collective land substitution for landowners within the instant development project area.

C. In the area subject to the instant development project, the Plaintiff entered into a sales contract with the Defendants on July 2008 with regard to each of the instant land as the purchase price indicated in the column of the total contract amount indicated in the attached Table 2 (hereinafter “each of the instant sales contract”). On September 2, 2008 and September 2, 2008, the Plaintiff paid each of the money indicated in the column of the down payment indicated in the attached Table 2 to the Defendants as the down payment.

Among the terms and conditions of each sales contract (hereinafter “each sales contract of this case”) prepared at the time of each sales contract of this case, the parts related to this case are as follows.

Section 1 (Purpose of this Agreement) This Agreement is to be executed with the designation of a district and the authorization of an implementation plan by an administrative authority for the purpose of undertaking an urban development project under the National Land Planning and Utilization Act. The seller and the buyer shall perform this Agreement in good faith.

Article 2 (Sale Price) The amount stated in the total sum of the sales price in the attached Table 2, the first (5%) of the down payment shall be paid at the time of the contract, the second of the down payment shall be paid two months after the date of the contract, and the remainder shall be paid within 15 months after the date of receipt of the down payment.

Article 3 (Transfer and Transfer of Ownership) The seller shall receive the down payment and at the same time give consent to all documents required for the buyer's business, written consent to use.

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