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(영문) 서울동부지방법원 2014.03.26 2013가합103962
계약금 반환
Text

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

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

Reasons

1. The facts subsequent to the premise facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2-1, 2-2, 5, 6, and 7, and evidence No. 3-1, 2-2, 5, 6-7.

On October 22, 2012, the Plaintiff and E Co., Ltd. (hereinafter “E”) jointly entered into a sales contract for “the content that the Plaintiff and E purchases from the deceased for KRW 6.1 billion Seoul Jongno-gu G and seven parcels (hereinafter “instant land”) (hereinafter “instant sales contract”). On the same day, the Plaintiff and E Co., Ltd. (hereinafter “E”) agreed to pay the deceased the down payment amount of KRW 300 million, and the remainder amount of KRW 5.8 billion on January 30, 2013.

Meanwhile, Article 8 of the instant sales contract provides that “The seller shall reimburse the seller for the amount double the down payment at the time of the termination of the contract, and the buyer shall not claim the return of the down payment after the termination of the contract,” and that “the seller shall deliver the design document (the document prepared by the seller in advance for the development of the instant land) to the buyer.”

B. On January 5, 2013, the Deceased concluded a sales contract to sell the instant land to H for KRW 6.1 billion (hereinafter “the instant secondary sales contract”).

C. The Deceased died on February 8, 2013, and the Deceased’s inheritor is Defendant B and C, the spouse, and Defendant C and D.

As the Plaintiff did not pay the remainder by January 30, 2013, which is the remainder payment date, the Defendants, the deceased’s inheritor, notified the Plaintiff of the rescission of the instant sales contract on February 18, 2013.

2. The plaintiff's assertion

A. The Plaintiff, E, and the Deceased made an oral agreement in addition to the special agreement set forth earlier at the time of the conclusion of the instant sales contract, and thus, the following content becomes the content of the instant sales contract.

The Deceased shall obtain permission to engage in development activities on the land of this case.

On the other hand.

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