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(영문) 제주지방법원 2019.03.21 2017가합13348
계약금 반환 등 청구의 소
Text

1. For the plaintiffs:

A. As regards Defendant F’s KRW 680,000,000 and KRW 340,000 among them, Defendant F shall be from October 6, 2016 to December 2017.

Reasons

1. Determination as to the cause of claim

A. On October 6, 2016, the Plaintiffs and the Defendants entered into each contract with Defendant F to purchase KRW 3,266 square meters prior to H, 1, 288 square meters prior to J, 288 square meters prior to his ownership, and KRW 2,816 square meters prior to the J, and ② to purchase KRW 780 square meters prior to K in Jeju-si, Jeju-si, 200,000 (hereinafter referred to as “each of the instant lands” in total, and each of the instant contracts collectively referred to as “each of the instant contracts.”

2) On the same day, the Plaintiffs paid KRW 340 million to Defendant F as the down payment of each of the instant contracts, and KRW 346 million to Defendant G, respectively.

3) The sales contract for each of the instant contracts contains all the following descriptions. The down payment for the down payment for the down payment for the contract is paid at the time of the contract, and the remainder is paid on March 6, 2017. The seller under Article 4 refers to the repayment of obligations and taxes and public charges related to the said real estate as of the date of the remainder payment. Article 5 provides that the seller shall deliver all documents necessary for the registration and shall cooperate with the registration of transfer at the time of receipt of the remainder of the payment.

Section 6. The seller shall reimburse the amount of the down payment at the time of the cancellation of the contract, and the buyer shall waive the down payment and not claim the return thereof at the time of the cancellation of the contract.

-special agreement -

1. To enter into a contract after on-site verification; 2. The seller shall cooperate with all authorization and permission;

3. The transfer key shall be after the building permit is acquired in the name of a seller.

4. The buyer shall bear all the expenses necessary for the authorization or permission.

5. The balance date may be advanced under mutual cooperation.

6. To simultaneously change the name of the project owner when transferring the ownership;

4. Each land of this case has to be secured access roads in order to obtain a building permit on the land, and after the conclusion of each contract of this case, Plaintiff F opened access roads to connect the respective land of this case to the Defendants, and constructed them on the land of this case.

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