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(영문) 춘천지방법원 2015.09.15 2015가단2532
매매대금반환
Text

1. The defendant (Appointeds) and the appointed parties shall jointly and severally pay KRW 72,00,000 to the plaintiff.

2. The plaintiff's remainder.

Reasons

1. Facts of recognition;

A. The Defendant (Appointed Party) shared 1/3 of the share of 11,406 square meters (hereinafter “the land before the instant subdivision”) prior to the subdivision of the Gangwon-gun, Gangwon-do, and the designated parties shared 2/3 of the share of 2/3 of the said real estate.

B. On June 1, 2013, the Plaintiff introduced the Defendant (Appointed Party) from D for the purpose of building a new house. D, on behalf of the Plaintiff, intended to purchase KRW 1650 square meters of the land prior to the instant partition with the Defendant (Appointed Party) and the appointed party (hereinafter “Defendant, etc.”), and entered into a sales contract with the Defendant, etc., to purchase KRW 72 million of the land prior to the instant partition. In order to construct a road necessary for the building permit due to a franchising relationship, the Plaintiff agreed to deliver a written consent for the use of the land prior to the instant partition to the Defendant, etc. at the time of paying the remainder for the construction of a road necessary for the building permit due to a franchising relationship.

(hereinafter “the first sale contract of this case”) C.

However, as the width of the existing road connected to the Gangwon-do Gangwon-gun E is narrow so it is impossible to grant a building permit, the Plaintiff and the Defendant, etc. set up a road of four meters wide on the opposite side of the original agreement and the opposite side of the land prior to the instant partition, and obtained a building permit by obtaining a permit to occupy and use a ditch for a ditch connected thereto. On June 13, 2013, the Plaintiff, etc. formulated a re-sale contract with the Defendant, etc., setting the special terms and conditions that the seller approves to use the portion of four meters in width within the land prior to the instant partition as the date of the contract between the Defendant, etc. and the Defendant, etc., and at the time, F, who is the seat of D and the Defendant (Appointed), affixed their seals on each of the above sales contract as a witness.

(hereinafter referred to as "the second sale contract of this case") D.

The Plaintiff shall pay the Defendant, etc. the full amount of KRW 72 million until July 26, 2013, including paying the down payment of KRW 7,200,000,000 at the time of the first sale and purchase contract of the instant case, and shall be before the instant division on July 31, 2013.

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