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(영문) 서울중앙지방법원 2015.10.30 2014가합538333
매매대금반환
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On April 22, 2013, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) with the content that the Plaintiff purchases 4,410 square meters prior to Jongno-gu Seoul Metropolitan Government D (hereinafter “former”) and 304 square meters prior to the instant case (hereinafter “the instant land”) as follows.

The sales contract amounting to KRW 650 million (D: KRW 60 million, KRW 50 million, KRW 50 million, KRW 50 million) and KRW 4350 million of the first intermediate payment shall be paid at the time of the contract and paid on August 22, 2013 for the balance of KRW 215 million which is paid and received at the time of the contract.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the purchase price is received, deliver all the documents necessary for the registration of transfer of ownership to a purchaser, cooperate with the registration procedures, and the delivery date of the said real estate shall be April 22, 2013.

Matters of special agreement

2. When paying the down payment and the first intermediate payment of KRW 435 million on April 22, 2013, the defendant shall transfer ownership to the buyer.

3. As to the balance to be paid by the purchaser 215 million won, provisional registration shall be replaced by establishment of provisional registration on the land in this case on the date of transfer of ownership, and all necessary documents shall be given to the Defendant.

B. At the time of entering into the instant sales contract, the Plaintiff asked the Defendant at the time of entering into the instant sales contract, and the Defendant considered the Plaintiff as “collective settlement district in the site - 10 houses available for housing”.

C. On the day of the instant sales contract, the Plaintiff paid KRW 435 million to the Defendant as down payment and intermediate payment, and received documents necessary for the registration of ownership transfer of the instant land from the Defendant, and applied for the issuance of the qualification certificate for acquisition of farmland under the Plaintiff’s name on the day following the instant contract, but was treated as non-issuance price on April 26, 2013, and thereafter, the Plaintiff did not complete the registration of ownership transfer on the instant land.

this letter of undertaking.

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