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Reasons
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(영문) 서울북부지방법원 2015.05.26 2014가합24475
매매대금반환
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 14, 2008, Plaintiff A, who was developing land, purchased from H and promoted the housing site development project by purchasing 14182m2m2 and G forest land 9m2 (hereinafter “the instant forest”).

B. Thereafter, on August 26, 2009, the Plaintiff agreed with the Defendant on August 26, 2009 on the consent to use the forest of this case 260 square meters adjacent to the forest of this case (hereinafter “instant land”) and the main contents of the agreement are as follows.

1. In the process of purchasing the instant forest from H and promoting the development of a housing site, Plaintiff E and Plaintiff A must pay the Defendant a premium not exceeding KRW 00 million to obtain the consent to use of the instant land owned by the Defendant.

(1) E and the time of payment (1) E and the plaintiff A shall pay to the defendant at the same time as this Agreement enters into force.

(2) E and Plaintiff A shall pay the Defendant, not later than November 30, 2009, the remainder of which is KRW 00,000,000,000,000,000. To secure this, Plaintiff A shall implement the registration of creation of a mortgage with a maximum debt amount

(3) If, by November 30, 2009, the defendant does not pay the remainder to the defendant by November 30, 2009, the defendant withdraws his consent to the use of the above land, and the agreement may also be revoked.

In such cases, E and Plaintiff A waives the right to claim the return of the amount paid to the Defendant up to the time, and the Defendant shall immediately return the remainder, excluding the above KRW 00,000,000, out of the amount received from E and Plaintiff A.

(4) E and Plaintiff A did not comply with the payment date of the remainder, including cancellation of mortgage;

Even if the defendant maintains the agreement and delays the payment date of the balance, and if so, E and the plaintiff A must pay interest in arrears of 10% per annum to the defendant.

2...

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