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(영문) 부산고등법원 2017.06.01 2016나52876
계약금반환 등 청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On December 30, 2013, the Plaintiff entered into a real estate sales contract (1) with the Defendant, 2,000 square meters (6,611 square meters) divided among Ulsan-gun C and D owned by the Defendant (hereinafter “instant real estate”).

(2) The sales contract of this case is a contract under which the sales price is KRW 600,000 (contract amounting to KRW 90,000,000,000) and the remainder of KRW 510,00,000 (hereinafter “instant sales contract”).

(2) The main contents of the instant sales contract are as follows. (3) The Defendant paid the down payment of KRW 90,000,000 to the Defendant on the same day.

[Article 1] Address 1 of the Real Estate Sales Contract : 2,00 square meters (6,611 square meters) division location in Ulsan-gun, Ulsan-gun and D (2): Attachment drawings (the purport of dividing the instant real estate into a housing site within four parcels and an access road), among which the land adjoining to the river is included;

hereinafter referred to as “the accompanying drawings of this case”

(2) The value of real estate sold at the price of real estate shall be 600,000,000 per square n n n n n n n n n n n n n n n n n n n n n n n n n n n

Provided, That where there is an increase or decrease in land, it shall be settled separately.

Article 3 (Method of Payment of Sales Price) When entering into a contract, the payment of the purchase price shall be made in the amount of KRW 90,000,000 in daily gold as the down payment.

2) The payment of any balance shall be 12 months after the date of the contract. However, in the case of a partial development, the land for which permission or completion inspection was obtained shall pay the balance of the contract and apply for the following permission after transferring its name, and the down payment shall be settled in the purchase price of the final permitted area. 3) The Defendant shall, after concluding the contract, cooperate to the maximum extent possible with the Plaintiff in issuing various documents for permission, etc. to develop the title of the land for which the Plaintiff may develop the land and pay the balance

In such cases, permission for land development may be granted more than once, and the defendant shall be permitted to do so.

4. The contract shall be cancelled at the time when the balance payment period expires due to the sale or the delay of development after the completion of development, and the plaintiff shall make a down payment and the down payment.

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