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(영문) 대구지방법원 2020.09.16 2020나300006
매매대금반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On January 23, 2017, the Plaintiff entered into a sales contract for the Defendant’s co-ownership (6,595/13,190 square meters) and obstacles among the Defendant’s co-ownership (6,595/13, 190 square meters) and the Defendant’s co-ownership (hereinafter “instant sales contract”) among the 26,380 square meters of land D in Gyeongnam-gun, Gyeongnam-gun (hereinafter “instant business”), and paid the down payment of KRW 21,250,000 to the Defendant

B. The content of the instant sales contract is as follows.

Article 7 (1) The defendant shall not unilaterally cancel or terminate this contract unless the plaintiff violates the terms and conditions of this contract.

(2) In the event that the contract is terminated in violation of this contract, the defendant shall compensate the plaintiff for an amount equal to the amount already paid and the amount required (the costs related to the plaintiff's business). In the event that the plaintiff violates this contract, this contract shall be terminated, and the down payment already paid shall belong to the defendant, and the defendant

Article 12 (1) Matters of the Special Agreement (hereinafter referred to as the "Special Agreement") shall be automatically terminated at the time of waiver of the business or cancellation of the business by an administrative agency within 60 days after the payment of the down payment by the Plaintiff, and shall refund all the money paid within seven

C. On April 13, 2017, Gyeongnam-do revoked the designation of an industrial complex project operator and the revocation of the designation of an industrial complex project operator with respect to the instant project.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) revoked the instant business on April 13, 2017, and accordingly, the instant sales contract was terminated pursuant to Article 12(1). Accordingly, the Defendant should return the down payment KRW 21,250,000 to the Plaintiff. 2) Article 12(1) of the instant sales contract provides that the Defendant is liable to return the down payment only when the instant business is terminated within 60 days after the down payment was made.

However, this case.

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