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(영문) 대전지방법원 2018.02.08 2016가단225947
매매대금반환
Text

1. The Plaintiff:

A. As to Defendant B and C’s joint and several costs of KRW 85 million and KRW 75 million among them, from August 21, 2010 to August 201, 2016.

Reasons

1. Facts of recognition;

A. On August 16, 2010, the Plaintiff entered into a sales contract with the Defendant B and C with the purchase price of KRW 75,455 square meters for the part A, part A, and 826 square meters for the land indicated in the Map A (hereinafter “instant real estate”), among the land of this case (hereinafter “instant real estate”), and paid the said Defendants KRW 2,00,000 won for the down payment on the same day, and KRW 35 million for the intermediate payment and KRW 3,5 million on August 18, 2010.

B. On August 20, 2010, the Plaintiff entered into a sales contract with Defendant B and C on the purchase price of KRW 75 million with respect to the part A, part A, 826 square meters, indicated in the Annex II, among the instant real estate (hereinafter “instant two land”). On the same day, the Plaintiff paid the said Defendants KRW 40 million in total, including the down payment and the intermediate payment of KRW 5 million.

C. On October 28, 2010, the Plaintiff entered into a sales contract with Defendant C and D with regard to the part A, part A, 826 square meters of the instant real estate indicated in the attached Form 3 (hereinafter “instant three land”), with the purchase price of KRW 75 million, and paid the said Defendants KRW 25 million of the down payment and the intermediate payment of KRW 5 million on the same day.

The Plaintiff and the Defendants entered into a special agreement on the land of this case 1 through 3 with the same content at the time of the conclusion of each of the above sales contract, and the main contents are as follows.

1. This contract is a sale contract for one parcel of 826 square meters according to the construction of a housing complex with a group of 35,455 square meters of forests and fields E located in Chungcheongnam-gun, Geumsan-gun.

2. The location of the subject matter to be traded shall be the part "A" in the location indication drawings attached thereto, and where the area is different from the area finalized after the completion of development activities, it shall be calculated as 300,000 won per square meter from the balance;

3. The seller shall not only authorize and permit the construction of a housing complex, but also construct civil engineering and infrastructure (including electric facilities, installation of underground water, communications facilities, road packaging and other facilities necessary for building permission).

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