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(영문) 춘천지방법원 2018.07.18 2017가단4372
계약금반환
Text

1. The Defendant’s KRW 10 million and the Plaintiff’s KRW 5% per annum from August 5, 2017 to July 18, 2018, and the following day.

Reasons

1. Basic facts

A. On August 8, 2008, the Plaintiff entered into a sales contract with the Defendant for the following terms (hereinafter “instant contract”) with regard to the land of KRW 1 billion for the Defendant, Gangwonwon C, and KRW 100 million, and paid the down payment in cash around that time:

Any balance of 900 million won shall be paid in the presence of the broker on April 30, 2009. The seller of Article 4 pays a debt related to the said real estate as of the date of payment of the balance and taxes and public charges.

(bb) A seller under Article 5 shall pay to the buyer the documents required for the transfer of ownership at the time of receipt of the balance;

b.Article 7: The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer may not claim the return of the down payment at the time of the termination of the contract.

At the time of the instant contract, D, other than the Plaintiff and the Defendant, was present and entered in the name in the “ broker” column of the contract, and E, a parent of the Defendant, was present.

C. D deposited KRW 90 million out of the down payment at the Defendant’s request, into the Defendant’s F (IF) account on September 29, 2008.

On January 29, 2009, the Plaintiff was granted building permission by entrusting the construction design to the limited liability company H on the land outside G purchased from the Defendant pursuant to the instant contract (the Plaintiff obtained a certificate of personal seal impression issued by the Defendant on February 2, 2009), and the construction permission was revoked procedure on the ground that the Plaintiff did not commence the construction work within the deadline on November 201, 201.

E. There were detached houses owned by I, J, and K with respect to part of the land to be sold to the Plaintiff under the instant contract.

F. Of the real estate that the Defendant intended to sell to the Plaintiff under the instant contract, the Defendant sold to M on August 7, 2014, and on October 26, 2016, the entire G 618 square meters (divisions, G 4,144 square meters prior to the merger) of the real estate to be sold to the Plaintiff, and on December 9, 2016, sold to M, and on December 9, 2016, the Ngi 69 square meters, etc. to the said E, and the O large 229 square meters, etc. to P on December 20, 2016, and the area of Q forest 540 square meters after Q forest 540 square meters.

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