(영문) 부산지방법원 2015.01.30 2014나4054 | 리걸엔진

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(영문) 부산지방법원 2015.01.30 2014나4054

계약금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On October 12, 2010, the Plaintiff drafted a sales contract stating the following special terms and conditions as the sales contract to purchase each land C and D (hereinafter “instant land”) from the Defendant in Jinju-si (hereinafter “instant land”) at KRW 1,320,605,000 (hereinafter “instant sales contract”), and on the same day, paid a down payment of KRW 10,000,000 to the Defendant. There is no dispute between the parties.

Matters of special agreement

1. After the principal registration of a parcel of provisional registration, the transfer of ownership shall be responsible for the seller;

2.The subject matter of this contract shall be one half of the total area.

(The seller and the buyer). 3. All expenses incurred in the course of permission shall be 1/2, respectively.

Provided, That the basic expenses (1) shall be borne by the purchaser.

4. Where authorization or permission is impossible, this contract shall be null and void, and the seller shall refund the down payment, etc. to the buyer;

5. Any balance shall be paid within 60 days after permission is granted.

(2) On the other hand, the Plaintiff’s assertion concluded the instant sales contract to create an industrial complex on the instant land, and confirmed that it is difficult to create an industrial complex as a result of inquiring about the actual audience after the conclusion of the sales contract.

Therefore, since the sales contract of this case was cancelled pursuant to Article 4 of the special agreement, the defendant must return the down payment of KRW 10,000,000 to the plaintiff.

3. In full view of the purport of the entire pleadings as to the statement No. 1-1 of the judgment, it is acknowledged that the instant sales contract was cancelled when the Plaintiff and the Defendant concluded the instant sales contract and concluded the instant contract, and that the Defendant agreed to return the down payment to the Plaintiff.

However, it is not enough to acknowledge the plaintiff's assertion that the statement of No. 3 and testimony of E and F of the party witness E and F alone could not be approved for the creation of an industrial complex on the land of this case, and it is different.

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