(영문) 부산지방법원동부지원 2016.01.22 2015가단204429

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(영문) 부산지방법원동부지원 2016.01.22 2015가단204429

계약금반환

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1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and 5% per annum from April 23, 2015 to January 22, 2016.

Reasons

1. Facts of recognition;

A. On April 14, 2014, Defendant C purchased from Nonparty D and E an amount of KRW 2430,000 square meters out of KRW 9918,000,000 in Busan-gun, Busan-gun, for KRW 735,00,000,000. The contract deposit is to pay KRW 47 million on the date of the contract, the intermediate payment of KRW 47,000 on May 9, 2014, and the remainder of KRW 588,00,00 on June 13, 2014; and the following special agreements were stipulated:

(hereinafter “instant sales contract”). 2. Division of land by a seller shall be set at sea.

3. Of 2,430 square meters (735 square meters), 116 square meters (35 square meters) shall be co-owned on an internal road;

4. The inside roads (six meters in width and concrete packaging) of a site subject to sale and purchase shall be set up by a seller until any balance is paid and shall not interfere with the use of the site;

Access roads to the entrance of land shall be registered as a share.

5. The payment of part payments shall be based on the completion of land division, but the part payments shall be paid when the division is completed even before the payment date of part payments

6. The balance shall be paid within ten days after the purchaser obtained a construction permit even before the remainder payment date.

B. In order to obtain a construction permit on March 27, 2007, Nonparty D and E purchased 3/4 shares and 145.5 square meters of the 194 square meters of the land of this case from Nonparty I in Busan-gun, Busan-gun, Busan-gun, which is a site for access to the instant real estate. The registration of transfer of ownership is to be a person designated by the said Defendants, and the registration of transfer of ownership is to be completed with respect to 19.2783/5 of the said forest shares in the name of Defendant C, which was received on July 3, 2014 by the Busan District Court No. 64203, Jul. 3, 2014; and with respect to 14.6256/3 of the said road (divided with the area of 88 square meters) as the co-ownership share under Defendant C’s name as the receipt of July 3, 2014.

(hereinafter referred to as “entry road site” in total, including forests and roads, the transfer of which is completed by Defendant C.

The plaintiff has completed provisional registration of the right to claim ownership transfer of 3987/9918 shares out of the land of this case.

유사 판례

-부산지방법원동부지원 2015.01.23 2014가합2975

-대구지방법원상주지원 2016.01.27 2015가단1658

-대구지방법원 2016.11.24 2016나302227

-수원지방법원 2019.05.31 2018나68780

-의정부지방법원 2015.11.20 2015가합769