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(영문) 부산지방법원 2018.06.01 2017나62273
계약금반환 등
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is the owner of D Forest land 37,388 square meters (hereinafter “the forest before the instant partition”) in Suwon-si, and the Plaintiffs are the married couple who purchased part of the forest land before the instant partition from the Defendant.

B. On August 23, 2016, with respect to the forest land before the instant partition, the maximum amount of debt was KRW 1196 million, and the debtor, E, the mortgagee, and the mortgagee, respectively, completed the registration of the establishment of a superficies with respect to the registration of the establishment of a neighboring community credit cooperative, the original community credit cooperative, and the establishment of a superficies with the original community credit cooperative, as

C. On September 12, 2016, the Plaintiffs entered into a real estate sales contract with the Defendant, with the content that the purchase price of KRW 1,218 square meters, including approximately 60 square meters of the jointly-owned area ( approximately 3.3 square meters of the forest land in the instant case, shall be KRW 210 million of the purchase price, and paid KRW 20 million of the down payment to the Defendant on the same day.

As a special contract, the above sales contract includes “the transfer of ownership and remainder by means of the result of the land survey after the division by the sale and purchase,” and “the installation of the water supply and sewerage pipe and the superior pipes, and the road package.”

On November 28, 2016, the Plaintiffs purchased the sale price of KRW 1218 square meters of F forest land (hereinafter “instant forest”) at KRW 210,000,000,000,000 for KRW 20,000,000,000 for the purchase price. The Plaintiffs concluded a real estate sale contract with the Defendant for the remainder of KRW 190,000,000 for the contract payment at the time of the contract and paid on December 30, 2016 (hereinafter “instant sales contract”). The down payment of the instant sales contract was substituted by the down payment paid on September 12, 2016.

The sales contract of this case includes a special contract that "the seller shall use the water supply and sewerage system, excellent pipes, and road packaging."

E. On December 12, 2016, the forest land prior to the instant subdivision was divided into D Forest 28,031 square meters and six lots, respectively. As above, D Forest 28,031 square meters and 26,367 square meters and the forest land in this case and the forest land in this case, which were divided into the Seoul Special Metropolitan City, on December 28, 2016.

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