logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.18 2014가단90351
계약금반환
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On July 28, 2003 between the Defendants and D, the Defendants purchased 885,000,000 square meters from D forest E-gun, Busan Metropolitan City (hereinafter “instant forest”) for KRW 595,167 square meters.

B. On February 19, 2004, the Defendants filed a lawsuit against D on February 19, 2004 against D, Busan District Court Decision 2004Da4548, which sought the implementation of the procedure for land transaction permission and the implementation of the procedure for registration of transfer of ownership of the forest of this case. On September 10, 2004, the Defendants accepted only the land transaction permission application, and filed an appeal against D with some winning decisions (Seoul High Court Decision 2004Na16181).

C. On November 24, 2004 between the Defendants and “F and two others”, the Defendants sold the forest land of this case in KRW 470,000,000, but the down payment of KRW 50,000,000 is paid on the date of the contract, and the intermediate payment of KRW 100,000,000 is paid on the date of the said appeal, and the intermediate payment of KRW 320,000,000,000, after the said appeal was sentenced, was drafted a sales contract (hereinafter “instant sales contract,” and the contract was “the instant sales contract”).

The Defendants received down payment of KRW 50,000,000 on the day of the contract.

The Defendants and F entered into the instant sales contract and entered into a special agreement, and the terms of Paragraph 2 of the said special agreement (hereinafter “instant special agreement”) are as follows.

In other words, since the forest land of this case is in the lawsuit between the seller (the defendant) and D, if the seller loses and fails to transfer ownership to the buyer (F and two others), the sales contract of this case is automatically terminated, and if the seller returns only the down payment 50,000,000 won received from the buyer, the contract of this case is automatically terminated.

E. The Defendants cited only the portion of land transaction application as the result of the appeal by the first instance court on October 27, 2005, and only the date of conclusion of the contract is the date of conclusion of the contract.

arrow