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(영문) 인천지방법원부천지원 2019.05.02 2018가단119775
계약금 반환
Text

1. The Defendants are 28,750,000 won, each of which is 15% per annum from October 27, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants are the parties. The Defendants are 140 square meters prior to F, G 56 square meters prior to G, H 175 square meters prior to H, and 4,066 square meters prior to I (hereinafter the above real estate collectively referred to as “instant land”).

2) The Plaintiff is the buyer of the instant land.

B. 1) On July 12, 2017, the Plaintiff concluded a sales contract with the Defendants to purchase the instant land in KRW 1.342 million (hereinafter “instant sales contract”).

(2) On the same day, upon entering into the instant sales contract, the Defendants paid KRW 115 million as down payment to the Defendants. 2) The “seller” column of the real estate transaction agreement (Evidence A; hereinafter “instant sales contract”) prepared at the time of entering into the instant sales contract is indicated as “Defendant B, C, and D.” The “Buyer” column is indicated as “Plaintiffs and 5 others,” and the following drawings are attached thereto.

3) The following are indicated in the special terms and conditions of the instant sales contract. ① The size of the land subject to the contract is to increase or decrease in the size of the land due to the subsequent boundary survey (Paragraph 2). ② The seller is to deduct the documents necessary for the division of the land subject to the contract and the authorization for the construction of multi-household houses (Paragraph 3). ③ The seller is to deduct the documents necessary for the acquisition of urban gas, water supply and sewerage systems from the land subject to the contract (Paragraph 4). ④ The land subject to the contract is purchased for the purpose of multi-household construction, and is unable to obtain the authorization for multi-household housing due to the seller’s cause attributable to the seller’s fault, the down payment shall be returned and invalidated (Paragraph 5). ⑤ The remainder of KRW 1.27 billion shall be paid on January 12, 2018, while the remainder of the authorization and permission shall be paid within 15 days from the date of the acquisition of the authorization and permission if a multi-household house is late (The remainder may be earlier).

(vi) may not exceed two months from the date of any balance (paragraph 6.6.

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