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(영문) 서울고등법원 2016.10.06 2015나2051003
매매대금반환
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On March 2013, C and the Defendant agreed to purchase KRW 3,000 (hereinafter “E forest”) out of KRW 27,273 square meters of E forest land as the introduction of D and 27,273 square meters in order to build new housing. Of them, E and forest were jointly owned by the Defendant and F, G, H, I, J, and K. At the same time, E were jointly owned by the Defendant and F, H, I, J, and K.

(2) On March 22, 2013, C entered into a real estate sales contract (Evidence A2-1) with the content that C, L, and M jointly purchased the instant land from the Defendant and that C, L, and M shall have 200 square meters or more, and C, L, and M shall have 100 square meters or more, and paid 50 million won the down payment to the Defendant on the same day.

(3) The latter part of the first part of the intermediate payment of KRW 50 million was paid at the time of a contract, and the second part of the intermediate payment of KRW 50 million was paid on May 20, 2013, and the second part of the intermediate payment of KRW 50 million was agreed to comply with the following special agreement by C, for the convenience of the construction authorization and permission process.

(hereinafter referred to as the above, the sales contract entered into between C and the Defendant is referred to as the “instant sales contract.”

1. A seller shall take the responsibility for necessary use problems of roads (authorization and Permission) owned by the Korea Forest Service;

2. At the time of the payment of the first intermediate payment, the seller has prevented the buyer from transferring his name, and the buyer, opposite to the seller, has set up a collateral against the balance.

A seller shall entrust part of part of part payments to a designated certified judicial scrivener and handle it as cancellation expenses.

3. A seller provides a buyer with all documents necessary for road problems and authorization and permission (all documents necessary for co-owners' consent and authorization and permission) until the second intermediate payment, and the buyer shall pay an intermediate payment immediately.

4. A certified judicial scrivener who has designated the whole part of the second part.

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