(영문) 울산지방법원 2019.12.05 2019나10361

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(영문) 울산지방법원 2019.12.05 2019나10361

매매대금반환

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1. Of the ancillary claims in the judgment of the court of first instance, the following amount of money ordered to be paid:

Reasons

1. Basic facts

A. On November 25, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 23,600,000 (hereinafter “instant sales contract”) the instant real estate from the Defendant with respect to KRW 132 square meters among the 11553 square meters of forest land in Seopo-si, Seopo-si, the Defendant-owned (hereinafter “instant real estate”). The Plaintiff paid KRW 23,60,000,000 for the purchase price.

The main contents of the instant sales contract are as follows.

The sum totaling KRW 590,000,000,000,000 KRW 23,600,000,000,000 won for the land category (plan management) and size of 132 square meters in order to indicate real estate sale contract real estate shall be paid at the time of the contract and received. The remainder of KRW 1,00,00,000,000 shall be paid at the time of the contract. The Defendant, on November 28, 2015, performed the procedure for the registration of ownership transfer of the said real estate to the Plaintiff simultaneously with the receipt of the remainder

Article 3 If the seller has neglected the contract, he shall compensate the buyer for the double amount of the contract price by penalty, and if the buyer has neglected the contract deposit, the down payment shall be regarded as a penalty and lost the right to claim

B. Meanwhile, the instant real estate was designated as a land transaction permission zone on November 15, 2015, which was prior to the conclusion of the instant sales contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 6, purport of whole pleadings

2. Determination as to the cause of action

A. In light of the Plaintiff’s assertion 1’s assertion, even though the Plaintiff paid all remainder under the instant sales contract, the Defendant did not transfer the ownership of the instant real estate to the Plaintiff. As such, the Plaintiff cancelled the instant sales contract on the grounds of the Defendant’s nonperformance of obligation, and claimed for the payment of KRW 26,600,000, totaling KRW 23,600,000, and penalty for delay as well as KRW 3,000,000.

Preliminaryly, the instant sales contract is related to the land within the land transaction permission zone, from the beginning.

유사 판례

-서울중앙지방법원 2015.08.13 2014가단5064441

-광주지방법원 2015.06.11 2014구합11656

-광주지방법원 2015.06.11 2015구합10117

-광주지방법원 2014.10.24 2014가합5007

-울산지방법원 2018.09.19 2017가단71477