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(영문) 수원지방법원안산지원 2019.09.26 2019가합5632
계약금반환
Text

1. The Defendant shall pay KRW 30 million to the Plaintiff KRW 5% per annum from August 7, 2018 to September 26, 2019, and from the next day.

Reasons

Facts of recognition

On September 6, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase approximately KRW 35,496 square meters ( approximately 10,738 square meters; hereinafter “instant land”) of forest C in Ansan-si owned by the Defendant and KRW 3.7 billion (hereinafter “instant land”).

(hereinafter “instant sales contract”). The main contents are as follows:

1. Sales contract and down payment shall be KRW 3.7 billion, and KRW 700 million shall be paid on the day of the sales contract.

2. The balance of the instant land paid by the seller shall be paid by April 10, 2018, and the seller shall deliver documents, etc. necessary for the registration of transfer of ownership to the purchaser simultaneously with the receipt of the balance and the receipt of the balance.

4. As to the right to collateral security established on the real estate of this case, the seller of the right to collateral security shall cancel the down payment immediately after the receipt of the down payment by the creditor association.

6. The buyer and the seller promise to perform the instant sales contract in good faith, and if the sales contract is terminated, the sales contract will be terminated. 2) If the sales contract is terminated, the other party may be liable for damages between the parties.

3) Various taxes and public charges up to the remainder are borne by the seller. 6) If the contract is terminated on the buyer’s responsibility, the buyer should confiscate the down payment and compensate for the amount double the down payment where the contract is terminated on the seller’s responsibility.

On the same day, the plaintiff paid 700 million won down payment to the defendant.

The name of the building permit under delegation from E, the former purchaser of the land in this case, but the progress of the procedure seems to have been in the form of E’s responsibility.

(B) No. 1 No. 5,6). The F, which had followed the construction permit procedure for the instant land, is against the instant land at Ansan-si, August 18, 2017, the transfer of the instant sales contract.

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