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(영문) 청주지방법원 2019.11.20 2018나2142
계약금 등 반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

The Defendant acquired ownership of the instant real estate on January 30, 2012, on the ground of a sale by compulsory auction on January 27, 2012, with respect to the area of 1712 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and then changed the land category to a factory site on December 31, 2012 (hereinafter “instant land”). On the ground of the instant land, the Defendant newly constructed a general steel structure board board, a 492.06 square meters factory at the 492.06 square meters on the ground of the instant land, and completed registration of preservation of ownership on December 27, 2012.

(hereinafter referred to as “instant building,” and “the instant real estate” refers to “the instant real estate.” After that, the Defendant newly constructed a light metal structure, a glar, and an office 185.94 square meters as an annex to the instant building on September 17, 2015.

Although the defendant's father I led to the purchase or new construction of the real estate in this case, the defendant also prepared or consented to the contract at the request of I.

Around May 12, 2015, the major content of the instant real estate sales contract was as follows (hereinafter “instant real estate sales contract”). Around May 12, 2015, the Defendant entered into a real estate sales contract (hereinafter “instant real estate sales contract”) with the seller, Plaintiff, and D as a broker.

Location: Land category of land in Jincheon-gun, Chungcheongnamcheon-gun: Land size: 1,712 square meters of land for a building: The steel structure panel walls and roof area: 624 square meters of a factory: A subsidiary facility for expansion of 624 square meters: A construction period; the sale price of up to June 30, 2015: 4.5 million won: (1) The above contract amount shall be used for authorization and permission expenses (4.0 million won of construction) and construction expenses required for the extension work. (2) If the purchaser fails to receive government policy funds after completion of the said extension work, the contract amount shall be treated under the name of D seller and D seller who are a broker and construction expenses.

3) The sale and purchase of real property shall take place on the assumption that the purchaser will receive the third Government Policy Funds (applications: June 3) of Chungcheongbuk-do.

Provided, That the policy funds shall also be received even if they are not available.

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