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(영문) 대전지방법원 2018.05.03 2017가단6990
계약금 반환 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 72,00,000 won and each year from April 27, 2017 to May 3, 2018.

Reasons

1. Basic facts

A. On August 5, 2016, the Plaintiff entered into a sales contract with the Defendants for the following terms (hereinafter “the instant first sales contract”) with respect to the pertinent land (hereinafter “instant land”).

▣ 이 사건 토지에 관한 2016. 8. 5.자 매매계약(갑 제9호증) 매매목적물: 충남 금산군 D 임야 31,978㎡ 중 17,490㎡ 매도인: 피고 C, 대리인 피고 B 이 사건 토지의 실소유자가 B으로서 피고들 모두가 이 사건 매매계약의 당사자이다.

Buyer: 383,50,000 won, down payment 39,000,000 won, remainder payment 344,500,000 won (non-end payment date) agreement

1. The registration shall be made in common shares of the purchaser of the road area on a lot which is currently used as a road;

(1/2) (Standards for permission on roads of solar power plants)

1. Where permission for development activities is not available, this contract shall be null and void, and the seller shall immediately return the down payment;

1. To purchase as much as the area of permission for solar power plants and development activities;

1. Any balance shall be treated after the acquisition of development activities; and

1.The sale and purchase is absolute security key and the cost incurred in relation to solar energy projects shall be borne by the purchaser.

The seller and the buyer always share the relationship with the seller and the buyer will always cooperate and handle it well even if he/she has a son's occurrence.

B. On August 5, 2016, the Plaintiff and his spouse, purchased the purchase price of KRW 195,70,000,000, down payment of KRW 20,000,000, the remainder of KRW 175,000,000 (the remainder of the development activity shall be treated after acquisition of the remaining development activity), and the purchaser’s (the Plaintiff and E)’s share of KRW 1/2,00, respectively.

The sales contract was concluded with a special agreement that is the same as the special terms of the contract.

C. On August 5, 2016, the Plaintiff is using solar power plant to Defendant B and the instant land (D) representing Defendant C and G (Defendant B’s spouse).

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