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(영문) 대전고등법원 2020.06.17 2019나16114
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Reasons

On May 13, 2014, the Defendant (formerly: E Co., Ltd.) purchased from J the land of KRW 1,250,00,00,00 the land of KRW 40,661 square meters (hereinafter “D land”), I road, KRW 9,167 square meters (hereinafter “I land”) under the name of J.

On April 30, 2015, the Plaintiff prepared a sales contract (hereinafter “the first sales contract of this case”) with the Defendant stating that the Plaintiff shall pay the remainder of KRW 120,000,000 in the intermediate payment of KRW 300,000,000,000 among D land (i.e., intermediate payment of KRW 120,000,000, and the intermediate payment of KRW 630,000,000) until January 31, 2016; the remainder payment shall be paid until April 30, 2016; and the Small and Medium Business Corporation shall proceed as soon as possible as the payment of intermediate payment is scheduled to be handled after receiving funds; and the Plaintiff paid KRW 10,00,000 to the Defendant from April 30, 2015 to July 15, 200.

D Of the parts related to 10,000 square meters purchased by the Plaintiff among the land, the part related to 10,000 square meters was 8,937 square meters in the Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant land”) following the registration conversion on December 9, 2015 and the division on December 11, 2015.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the plaintiff or defendant has defaulted on the terms of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. The purpose of this contract is to establish the Plaintiff, and if it is not possible to obtain the approval of the business plan, the contract is terminated by the Defendant to return the down payment to the Plaintiff.

2. The land for sale shall be executed in the state at the time of the contract, and civil works and appurtenant works for factory construction shall be conducted by the plaintiff.

3. An application for approval for business start-up shall not be approved by October 00, 2016.

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