(영문) 대전지방법원 2018.06.27 2017가단212849

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(영문) 대전지방법원 2018.06.27 2017가단212849

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On October 10, 2016, the Plaintiff and the Defendants concluded a sales contract with the content that the Defendants sell 3841 square meters of forest E (hereinafter “instant forest”) to the Plaintiff (hereinafter “instant sales contract”) in Chungcheongnam-gun, Chungcheongnam-do, where the Defendants shared 1/2 shares.

The purchase price is KRW 430,000,000, and the down payment of KRW 40 million was paid to the Defendants at the same time as the contract was concluded, and the remainder KRW 390,000,000 was paid to the Defendants on April 10, 2017.

Article 2 of the main provisions of the instant sales contract: The seller shall deliver all the documents necessary for the registration of ownership transfer to the buyer and shall cooperate with the registration procedure.

Article 5:The buyer may reimburse the seller of the intermediate payment (if there is no intermediate payment, the balance) before he pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6:If the seller or the purchaser has failed to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

Paragraph 4 of the special terms and conditions of the instant sales contract: The seller must cooperate with the buyer in accordance with the buyer’s permission for the solar power plant business and the necessary administrative procedures (written consent to land use, etc.).

Paragraph (5) of the special agreement: The balance shall be six months from the contract date, and the down payment shall not be refunded to the buyer if the balance is not paid by the payment date of the balance.

The Defendants demanded re-Negotiation by asking the Plaintiff to increase the purchase price, as long as the contract was concluded after the contract of this case.

On December 6, 2016, the Plaintiff deposited 20 million won in the financial account of the Defendants, respectively, without the due date for the remainder payment.

Then, the Defendants, on December 6, 2017, wired the amount of KRW 20 million to the Plaintiff’s account.

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