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(영문) 창원지방법원 2019.05.23 2018가합169
계약금등반환
Text

1. Defendant C, F, and G jointly and severally with the Plaintiff KRW 400,827,536 as well as the year from May 8, 2008 to May 23, 2019.

Reasons

1. Facts recognized;

A. During the process of concluding a real estate sales contract between the Plaintiff and H, the Plaintiff was placed on February 2, 2007, and the Plaintiff was placed on seven parcels of land from Defendant E and D, Kimhae-si, J, K, L, M, N, andO on February 2, 2007. Defendant E was placed on each of the above parcels of land (hereinafter “H”).

() Although the registration of ownership transfer is not made under the name of the Plaintiff but the Plaintiff secured the right to use by concluding a sales contract, etc. Thus, the Plaintiff explained that there was no problem in the construction of the factory by purchasing it. Accordingly, the Plaintiff demanded H to purchase part of the land of Kimhae-si P and Q so that access roads to the factory are not narrow (hereinafter the above seven parcels, P, and Q part of the land of this case) and sell it to the Plaintiff.

(2) On February 8, 2007, the Plaintiff entered into a sales contract with H to set the sales price of KRW 2.682 billion with respect to the instant land (hereinafter “instant sales contract”). The down payment of KRW 300 million on the date of the contract, the intermediate payment of KRW 200 million on March 8, 2007, and the remainder of KRW 2.182 million on April 30, 2007, the Civil Works Corporation paid KRW 300 million on the date of the contract, and paid KRW 300 million on the date of the contract.

The Plaintiff and H agreed to set the right to collateral security and superficies on the land of this case as the special terms of the sales contract of this case after H obtained a new factory construction permit on the land of this case, and completed the civil engineering work by the end of April, 2007.

B. As the Defendants’ No. 1 H acquired ownership of the remaining land except for Kimhae-si I forest among the instant land, the Defendants failed to obtain permission for the new construction of a factory and failed to proceed with civil engineering works on the instant land, the Plaintiff and H partially altered the subject matter of the instant sales contract and reduced the sales price on July 10, 2007.

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