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(영문) 전주지방법원 2016.10.26 2016가단4121
계약금 등 반환
Text

1. The Defendant: (a) KRW 45,00,00 for Plaintiff A; and (b) KRW 10,000,000 for Plaintiff B; and (c) for each of them, from February 20, 2016 to October 20, 2016.

Reasons

1. Facts of recognition;

A. On October 18, 2014, Plaintiff A purchased 500 square meters from the Defendant from the Defendant, the amount of KRW 85,503 square meters and KRW 6275,000,000,000,000,000,000 for the purpose of constructing a house of electric source. The down payment of KRW 7.5 million is KRW 37,500,000,000,000,000,000,000,000,000,000,000, and the remaining amount of KRW 30,000,000,00,000,000, if the site creation work that the Defendant decided to construct, is paid at the time of completion of the divided land, and the Defendant secured access to the said land, and he was scheduled to construct

(hereinafter “instant sales contract”). The Plaintiff paid KRW 10 million to the Defendant on the contract date pursuant to the instant sales contract, and KRW 35 million to May 24, 2015, respectively, from May 25, 2015 to May 25, 2015.

B. On May 24, 2015, Plaintiff B purchased 300 square meters from the Defendant’s purchase price of each of the instant lands at KRW 60 million for the purpose of constructing a site for electric power generation, and the down payment of KRW 10 million was paid at the time of the contract, the remainder of KRW 50 million was paid after the completion of the site development work. The Defendant secured the access road and he stockpiled stone, etc. for the duration of the site construction work.

(2) On May 26, 2015, Plaintiff B paid the Defendant the down payment of KRW 10 million according to the instant secondary sales contract (hereinafter “instant sales contract”).

C. However, each of the instant land is impossible to construct a house for another purpose as it was prohibited from diversion for ten years from the date of completion, as it was previously changed from forest land to forest land on May 17, 2012 or August 17, 2010 with permission for reclamation.

[Ground of recognition] The facts without dispute, Gap 1 to 6 evidence (if there are serial numbers, including each number; hereinafter the same shall apply), the fact inquiry of the pregnant head of the Gun, the whole pleadings.

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