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(영문) 수원지방법원성남지원 2014.01.24 2013가합5158
계약보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 15, 2005, the Minister of Construction and Transportation designated on the 7.80,000 square meters of the Namyang-dong, Chungcheongnam-dong, and Newnam-dong as a zone for the urban development of the Republic of Korea. On December 13, 2007, pursuant to Article 2007-578 of the Ministry of Construction and Transportation’s notification on December 13, 2007, the Minister established a development plan for an urban development project of the Sungsung Nam-dong (hereinafter “instant project”). The Korea Land Corporation (hereinafter “Defendant”) was merged with the Korea National Housing Corporation on October 1, 2009 and became the Defendant, as the implementer of the instant project.

B. On January 6, 2009, the Defendant obtained authorization of the implementation plan for the instant project from the Minister of Land, Transport and Maritime Affairs, and announced the supply of six blocks (B-1, B-2, B-3, B-4, B-5, B-6) to construct small apartments with an exclusive area of 60 square meters or more than 85 square meters among the land for the Namyang New Town site.

The above notice of supply No. 8 A.

Paragraph (1) provides that “The land use can be made after September 30, 201, only when the conditions presented by the defendant and the amount of the developed construction is discounted and the full amount of the purchase price is paid.”

C. On September 18, 2009, the Plaintiff and the Defendant entered into a sales contract with respect to the instant land (hereinafter “instant sales contract”) with the Defendant for the following terms, and paid KRW 6,043,680,000 as the contract deposit on the same day (hereinafter “instant contract deposit”).

On September 30, 2011, Article 1 (Sales Price and Method of Payment) of the timing when the land can be used as a non-high-scale apartment (joint ownership of 60-85 square meters) and 37,773.0 on September 30, 201, the land subject to registration is purchased to the defendant at the following price, and the plaintiff purchases the land at the following price.

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