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(영문) 수원지방법원 2017.11.02 2017나54647
계약금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. The seller under Article 5 of the fact of recognition shall deliver documents necessary for the ownership at the time of receipt of the balance to the purchaser and shall cooperate in the registration of transfer;

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment and not claim the return thereof at the time of the termination of the contract.

Matters of special agreement

1. Approval or permission under the name of the seller at the expense of the buyer after the contract is concluded;

2. The registration of ownership transfer shall be made simultaneously with the payment of any balance.

D With the Defendants on July 1, 2015, the Defendants purchased the purchase price of KRW 720,000,000 in Gyeyang-gun E Forest Land (hereinafter “instant real estate”) from the Defendants, and the down payment of KRW 70,000,000 on the same day, and the remainder of KRW 650,000,000 was paid on the same day and paid KRW 70,000 on August 20, 2015 (hereinafter “the first sale contract”). The Defendants paid KRW 70,00,000 as down payment.

The main contents of the primary sales contract are as follows:

B. The Defendants shall transfer all the documents necessary for building permission to D and one other, and the Defendants need to grant building permission from D and one other on August 3, 2015.

All necessary documents were handed over, and the role of the seller of the building permit under the real estate sales contract was terminated.

‘A letter of acceptance and transfer of all the documents related to the building permit was issued.

C. On August 20, 2015, the Defendants sent a certificate of content that D and one other did not pay any balance by August 20, 2015, which is the remainder payment date under the first sales contract. On August 21, 2015, the Defendants sent a notice of termination of the first sales contract to the effect that notification of termination of the contract is inevitable because it does not contact with D and one other. On August 24, 2015.

Since then, the Plaintiff, while being the person who will construct the building on the instant real estate, requested the Defendants to extend the payment deadline for the remainder.

Accordingly, on September 7, 2015, the Plaintiff between the Defendants and the Defendants, and 20. of the instant real estate from the Defendants.

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