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(영문) 대구지방법원 2018.10.31 2018나303910
매매대금반환
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The intervenor succeeding to the plaintiff who falls under the above revoked part.

Reasons

1. Basic facts

A. From July 2014, the Defendant promoted an urban development project with the content that the site for industrial facilities was created at Youngcheon-si I.

B. On May 4, 2016, the Plaintiff concluded a sales contract with the Defendant to purchase the land for industrial facilities E 4,000 square meters in the area of an urban development project in Yongcheon-si, Seoul Special Metropolitan City (hereinafter “instant sales contract”) from the Defendant to purchase the land for industrial facilities at KRW 1,050,000 (a contract amount of KRW 100,000 shall be KRW 950,000,000,000,000,000,000,000,000 won (hereinafter “the remainder of KRW 950,00,000,00

The main contents of the above sales contract are as follows, and the sales price is calculated as 262,50 won per m2m2.

Article 2 Sales Real Estate shall be ordered on June 30, 2016

b. When the seller has entered into this contract, the seller shall compensate the buyer for the double of the amount received as the down payment, and when the buyer has entered into this contract, the down payment shall not be deemed null and void and shall not be claimed to return it.

(Special Agreement)

1. Where there is an increase or decrease in the area after the cadastral confirmation survey, the increase or decrease shall be settled;

2. The area shall be the area of public book;

C. The Plaintiff paid 100 million won down payment to the Defendant immediately after the conclusion of the instant sales contract.

After the conclusion of the instant sales contract, the Plaintiff confirmed that it is inappropriate for the Plaintiff to construct a factory building planned by the Plaintiff, and requested the Defendant to modify the subject matter of sale and purchase. Accordingly, on June 21, 2016, the Plaintiff and the Defendant drafted a sales contract (Supplementary) stating that “The subject matter of sale and purchase shall be changed from the said site E to the area of land 4,000 square meters (hereinafter “instant land”). The remainder shall be determined by mutual consent between the seller and the purchaser before and after the date of completion of the instant sales contract (hereinafter “instant additional sales contract”).

E. On July 2016, the Plaintiff filed an application with the Mayor of Yong-cheon City for the approval of the new construction of a factory in the instant land.

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