(영문) 서울중앙지방법원 2016.10.07 2016나47910

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자간(%)

(영문) 서울중앙지방법원 2016.10.07 2016나47910

매매대금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On November 22, 2015, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant with regard to the right to move in at least 33 square meters (hereinafter “the instant right to move in”) to be removed under the Seoul Metropolitan Government Urban Planning (hereinafter “the instant right to move in”).

Article 3 of the Sales Price of KRW 100,000 (Payments 10,000,000 when entering into a contract, the balance of KRW 90,000,000 shall be paid in December 4, 2015) shall be ordered on December 4, 2015.

b. If the seller has entered into this contract in writing, he shall pay twice the amount received as the down payment to the buyer, and if the buyer has entered into this contract in writing, the down payment shall be null and void and shall not claim a return.

[Matters of Special Agreement]

1. Taxes and public charges accruing by the time of compensation to the removal shall be borne by the seller.

2.The sales contract is the expected cost of removal under the urban planning, and the subsequent compensation is the terms and conditions for the application of the right to move in at 33 square meters at the time of compensation, and the compensation shall be paid to the seller.

3.The sales contract will be replaced by the same condition in the event that the right to take occupancy in the time of compensation does not arise.

4.The sale and purchase contract will be the transfer key to ownership at the remainder of the contract.

(5) The contract of actual transaction is 500,000,000 won. 5. The contract of actual transaction is referring to the post-management until the occupancy, and the 2,000,000 won is separate. 6. The buyer bears 3,00,000 won for the registration expenses of this contract and bears 3,00,000 won for the seller.

B. The Plaintiff remitted KRW 10,000,000 to the Defendant’s account pursuant to the instant sales contract, on the day of the contract.

C. The Plaintiff invalidated the instant sales contract and requested the Defendant to return the down payment, but the Defendant rejected the payment pursuant to Article 8 of the instant sales contract.

[Ground of Recognition] A. A. A., 2, 3, 7, 7.

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