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(영문) 대구지방법원 2018.06.07 2017가단100618
계약금반환
Text

1. The Defendants jointly share KRW 70,000,000 with respect to the Plaintiff and 5% per annum from August 27, 2016 to January 18, 2017.

Reasons

1. Facts of recognition;

A. On August 27, 2016, the Plaintiff concluded a contract to purchase approximately 6,40,000 square meters (hereinafter “instant sales contract”) of the area for which the authorization was obtained as accommodation among D, the agent of the Defendants, and G, H, I, J, K, K, L, M, N, andO land (hereinafter “instant land”) of H, I, J, K, L, M, N, andO (hereinafter “instant land”).

B) As to the above sales contract, on August 27, 2016, the Defendants paid the seller, the Plaintiff, the purchaser, and the sales amount of KRW 732,00,000 (a contract deposit of KRW 70,000,000) on the date of the contract, and the remainder of KRW 62,000,000 was written on September 30, 2016; the Plaintiff paid KRW 70,000,000 on the date of the contract; and the main contents of the special agreement are as follows.

2. The following shall be sold at 1.3 million won per square meter after obtaining authorization or permission for a 220,000 square meters or more in J- field and N- field 279 square meters or more;

Provided, That even if the purchaser is unable to obtain the authorization, if the purchaser wishes to acquire it, the sale shall be concluded at the above amount.

3. The change in the name of a project owner shall be made by obtaining permission from the seller before paying any balance under the responsibility of the seller (including expenses);

4.The above contract is concluded between the seller and the buyer on the condition that the right of license is transferred, and if the seller fails to fulfill the above conditions, the contract becomes null and void, and the seller shall promptly refund the down payment to the buyer.

5. Change of location due to the change of authorization or permission shall be referred to in attached Form drawing.

6. The sale price shall be settled again in the amount of KRW 1.3 million per square year after obtaining the final authorization or permission.

2) On August 27, 2016, with respect to the remaining purchase price of KRW 100 million, the Plaintiff prepared and awarded to the seller a loan certificate as follows: The amount of KRW 100 million to the obligee A (the Plaintiff borrowed the amount of KRW 100 million from the obligee D.

1. Date of repayment of principal: September 12, 2016;

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