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(영문) 부산고등법원 2015.03.26 2013나51803
계약금반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of running the business of collecting earth and rocks, and the Defendant is the owner of 16,529 square meters of forest E in Kimhae-si (hereinafter “instant forest”).

B. On January 29, 2008, the Plaintiff purchased the instant forest in KRW 1 billion with the Defendant on the date of the contract, and entered into a contract to pay the remainder of KRW 150 million on February 28, 2008, and KRW 750 million on August 30, 2008 (However, the Defendant entered the contract in which the purchase price in KRW 750 million is stated in the balance and pay KRW 250 million separately on the date of payment of the balance. Accordingly, the Plaintiff prepared and delivered a cash custody certificate stating that the Plaintiff keeps KRW 250 million to the Defendant by August 30, 2008.

The above special agreement shall be valid and this contract shall be deemed null and void, and if the Franchis contract is not concluded, the contract shall be deemed null and void, and the down payment shall be returned and the contract may be cancelled without any condition.

C. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 75 million on January 29, 2008, which is the date of the contract, and paid each of the KRW 350 million on January 31, 2008, KRW 25 million on February 28, 2008, KRW 150 million on February 28, 2008, and KRW 1350 million on March 13, 2008, respectively.

(B) On January 31, 2008, H, the actual representative of the Plaintiff, in relation to KRW 25 million, withdrawn 2500 from his own Busan Bank account and paid it to the Defendant on January 31, 2008, and received the above KRW 25 million from the Plaintiff on May 19, 2008.

Since then, on March 12, 2008, the Plaintiff was 146,876 square meters or less between the Gukmune Association (hereinafter “Seomun”) and the neighboring door of the instant forest, which is owned by Kimhae-si, Kim Jong-si.

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