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(영문) 수원지방법원 성남지원 2018.02.06 2017가합401778
매매대금반환
Text

1. Defendant D’s KRW 1,00,000,000 to the Plaintiffs and 5% per annum from January 1, 2017 to March 21, 2017.

Reasons

Basic Facts

Defendant D is the owner of 3,431 square meters prior to Gwangju City, 116 square meters prior to G, and 154 square meters prior to H (hereinafter “instant land”), and Defendant E is the purchaser of land adjacent to the instant land.

On May 2016, negotiations were conducted between the Plaintiffs and Defendant D regarding the sale of the instant land. On May 27, 2016, the sales contract was concluded between the Plaintiffs to purchase the instant land at KRW 2,000,000 with Defendant D’s purchase price of KRW 2,00,00.

On May 27, 2016, the Plaintiffs paid the down payment of KRW 200,000,000 to Defendant D.

The Plaintiffs intended to establish an I Museum on the ground of the instant land, and related to the permission, the establishment of access roads to the instant land and sewage pipes was at issue.

Accordingly, on June 7, 2016, Defendant E, delegated by Defendant D, drafted each performance note in attached Form 1 and 2 (hereinafter “instant performance note”) with Plaintiff A through Plaintiff A, and Defendant D.

Since June 8, 2016, the Plaintiffs and Defendant D entered into a new sales contract by reflecting the contents of the instant performance note, and accordingly, the existing sales contract was added to the following special agreements:

(hereinafter “instant sales contract”). On July 15, 2016, the Plaintiffs paid Defendant D the intermediate payment of KRW 800,000 to Defendant D.

However, until the end of December 2016, the Defendants failed to complete the construction with access roads and sewage pipes as set out in the instant performance note, and accordingly, the Plaintiffs notified Defendant D of the cancellation of the instant sales contract on January 4, 2017.

[Ground of recognition] In light of the facts without dispute, the statements in Gap evidence 1 through 20, the purport of the entire pleadings, the plaintiffs' claims against defendant D, and the terms of the contract of this case, the "the defendant D's failure to complete construction of road works and sewage pipes by the end of December 2016" constitutes a contract rescission condition.

2.

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