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(영문) 의정부지방법원 2018.05.25 2017가합55145
계약금반환
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 October 17, 2012, the Defendant: (a) drafted a real estate sales contract (hereinafter “the instant primary contract”) stating that the Plaintiff, a director of the Plaintiff, sold KRW 132,232 square meters of D 143,941 square meters of forest land in Yangju-si (hereinafter “instant forest”) to C for KRW 3.5 billion; and (b) drafted a contract constituting the cause of the instant primary contract (hereinafter “instant primary contract”).

The main contents of the instant primary contract are as follows.

-The seller's written consent to land use necessary for the permit(training costs) will be the buyer's cycle of a special agreement of KRW 3.5 billion (20 million in the contract amount, the balance of KRW 3.3 billion in the contract amount, and the payment on June 30, 2013).

B. On July 3, 2013, the Defendant again drafted a real estate sales contract (hereinafter “the instant secondary contract”) dated October 19, 2012, stating that the Plaintiff would sell the instant forest in KRW 3.5 billion to the Plaintiff, and the instant secondary contract was drafted.

The main contents of the instant secondary contract are as follows.

-a special agreement on real estate sales contract- 3.5 billion won (the amount of KRW 200 million for a contract, the amount of KRW 150 million for a second down payment, the amount of KRW 150 million for a contract on July 3, 2013, and the remainder of KRW 3.155 billion for a contract on November 30, 2013).

3. A seller shall keep a written consent to the use of land required for the permission from the purchaser during the period;

at the time of permission (the training center) shall be deleted (at least three times the matters in the special agreement and the documents necessary for the permission shall be deleted);

C. Meanwhile, on October 19, 2012, C, a director of the Plaintiff, paid KRW 200 million to the Defendant the down payment under the instant first contract, and on July 3, 2013, the Plaintiff paid KRW 150 million to the Defendant the additional down payment under the instant second contract.

[Ground of recognition] Evidence Nos. 1-1, 2, Eul Nos. 2 and 3-2, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1 is that the Plaintiff obtained permission to convert the forest of this case into a training center.

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