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(영문) 전주지방법원정읍지원 2019.11.27 2019가합2129
매매대금반환
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a party’s status, etc.

Defendant B is the buyer of the instant land, and Defendant B is the seller of the instant land. Defendant C is a licensed real estate agent operating a trade name, “F Licensed Real Estate Agent Office” and Defendant D is the employee of the said office. 2) The instant land was divided from G 1,144 square meters prior to G at Jeju on January 9, 2018 (hereinafter “Before division”).

B. (1) On July 1, 2016, Defendant B agreed to sell the land before subdivision to H and I in KRW 1,030,000,000, but the Plaintiff agreed to return KRW 103,000,000 as a down payment if the building permit for the general building was denied with respect to the land before subdivision. (2) Defendant B applied for the construction permit for the Class II neighborhood living facilities with respect to the land before subdivision, but the first subcommittee of Jeju Special Self-Governing Province decided on September 22, 2016 that “the reasonable construction act is limited due to the need for landscape conservation as an area with excellent landscape.” Accordingly, Defendant B returned KRW 103,00,000 to H and I.

C. On December 20, 2017, the Plaintiff entered into and performed the instant sales contract: (a) as a broker of Defendant D on December 20, 2017, the Plaintiff purchased the instant land amounting to 1/2 of the land before subdivision from Defendant B from Defendant B in KRW 432,50,000; (b) paid the down payment of KRW 43,250,000 on the same day; and (c) paid the remainder amount of KRW 389,250,000 on January 19, 2018 (hereinafter “instant sales contract”).

(2) On December 27, 2017, Defendant B entered into a contract with the Plaintiff on December 27, 2017, and the Plaintiff’s husband’s written consent to land use that the Plaintiff and the Plaintiff agreed to obtain a construction permit for the construction of a single house in the area of the instant land, which corresponds to the area of the instant land among the land before subdivision, and ② the Plaintiff newly constructs a building with respect to the area of 572 square meters of the instant land among the land before subdivisions.

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