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(영문) 서울남부지방법원 2017.08.25 2016가합109087
매매계약금 반환 청구의 소
Text

1. The Defendants jointly share each of the Plaintiffs’ KRW 750,000,000 and each of the said money from July 6, 2016 to September 26, 2016.

Reasons

1. Basic facts

A. 1) On July 4, 2016, the Plaintiffs concluded the instant sales contract, and the Defendants and Geumcheon-gu Seoul Metropolitan Government F and G Land (hereinafter “instant land”).

) The building and its ground buildings (hereinafter referred to as “instant building”) shall be referred to as “the instant real estate” in total, including the above land and buildings.

3) As to the sales price, 15.5 billion won (hereinafter “instant sales contract”)

In concluding a contract, KRW 1.5 billion in the intermediate payment of KRW 3.1 billion in the intermediate payment of KRW 3.1 billion in the intermediate payment of KRW 5 billion until September 5, 2016, and the remainder of KRW 10.9 billion until October 5, 2016, and the special terms and conditions, which include the following, are stipulated and the consent form (hereinafter “instant consent form”).

A. The attachment was made.

▣ 특약사항

1. Since the real estate of this case is purchased for the purpose of new construction after the buyer was removed, the seller agrees that the buyer can obtain the construction permit in the name of the seller, and provides necessary documents.

2. The seller shall be responsible for the specification of the facility.

3. Since the unauthorized occupation part adjacent to the market is a contract without verifying the details of written consent between the seller and the occupant, if the details of written consent are different from the fact, the contract shall be invalidated, and the down payment shall be immediately refunded.

(상호 위약금 없이 계약해제한다). ▣ 동의서

1. H and 12 other merchants of this case (hereinafter “the merchants of this case”) occupy part of the land of this case and operate a commercial store.

2. The Defendants are scheduled to newly construct and sell commercial buildings and housing on the land of this case, and commercial buildings newly constructed in the part possessed by the merchants of this case shall give priority to sale to the merchants of this case.

3. The ordinary number of stores owned by each store, the location, ownership, etc. shall be as requested by the merchants of this case.

4. The sale price of a commercial building shall be 30 million won per square meter of the sale area, but the average unit price of the sale price of all the commercial buildings on one story shall not be increased.

2. The Plaintiffs, until July 5, 2016, are against the Defendants.

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