(영문) 대구지방법원 2019.01.10 2018가단124888

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(영문) 대구지방법원 2019.01.10 2018가단124888

대금반환청구

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1. The plaintiff's claim is dismissed.

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

Reasons

. Facts of recognition.

A. On January 7, 2009, the Defendant concluded a sales contract with C Co., Ltd. (hereinafter “C”) on the land and its ground as follows with respect to the land owned by the Defendant:

(1) The purpose of this contract is to purchase and sell the indicated real estate owned by the seller, the defendant, and the hereinafter the same shall apply) and to promote urban development projects by purchasing and selling the whole site (hereinafter referred to as "project site") of the sale and purchase price of the instant land and the whole site (hereinafter referred to as "project site subject to sale and purchase") of Gilcheon-si, Kimcheon-si, the size of Ddong lot number size of the instant land: 1805 square meters: 420,000 square meters: 229,320,000 square meters: * Sale and purchase real estate includes the ground buildings and underground structures of the above site * Article 2 (Purpose of Contract). The purpose of this contract is to purchase and sell the indicated real estate owned by the seller, the defendant, and the hereinafter the same shall apply) and the whole site of Gil-si, Kimcheon-si (hereinafter referred to as "project subject to sale and purchase").

1. The sales price of the indicated real estate shall be paid as follows:

SECTION 22,932,00 at the time of the contract 68,796,00 the intermediate payment of 10% at the time of the contract 22,932,000, the remainder of 30% at the time of the contract 137,592,000 shall not exceed 90 days after approval for the project.

1. A and B may cancel or terminate the contract where the other party fails to perform the terms and conditions of this contract without any justifiable reason, and where the contract is terminated due to any cause attributable to A, A shall compensate for the amount equivalent to twice the down payment to B, and where the contract is cancelled due to any cause attributable to B, the down payment paid provisionally to B shall revert to A;

The contract shall be destroyed at the time of the late payment of the balance by December 30, 2009, and the down payment shall not be refunded.

2) The sales contract for the instant land (the machine content is the same as the sales contract for the instant land).

Article 1 (Location of Land in respect of which Sale and Purchase Real Estate is marked: D. Dong-dong, Kimcheon-si.

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