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(영문) 대전지방법원 2020.01.14 2018나101985
계약금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On June 23, 2016, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 650,000,000 (hereinafter “instant sales contract”) with respect to the building (hereinafter “instant building”) for which construction was suspended on the ground and for which construction was newly built on the ground (hereinafter “instant building”), and paid the Defendant the down payment of KRW 65,00,000 to the Defendant.

B. In the vicinity of the instant land, there is a size of 2,165 square meters owned by the Republic of Korea, and a F Miscellaneous land owned by E-Gun 730 square meters, and the said adjoining land was necessary to use the instant land and buildings.

Therefore, the Plaintiff and the Defendant entered into a special agreement with the following terms at the time of the instant sales contract (hereinafter “instant special agreement”).

(A) “Buyer” refers to the Plaintiff, and the “Buyer” refers to the Defendant). 1. The remainder of the down payment is at least 10% of the sales amount, and the seller voluntarily agrees for 90 days, and the seller agrees for approximately 350 square meters (hereinafter “the State-owned land of this case”) and 220 square meters (hereinafter “the Military Maintenance”) out of D and then the buyer pays the remainder to the seller.

2. In the event that a seller purchases more than 350 square meters and 220 square meters in front of the land subject to sale and transfers them to a buyer, and the buyer immediately pays the purchase cost of the land generated, survey, transfer registration, acquisition tax at the time the seller demands, and if the buyer becomes aware of the failure, the contract shall be terminated within 10 days after the notification, the buyer shall not be able to return the down payment, and no objection shall be raised.

If the seller is unable to purchase the above land, the seller shall notify the buyer and return the down payment, and this contract shall be terminated without any terms and conditions.

4. If the seller fails to comply with the above arrangements, the seller shall return the down payment and the amount paid under the above arrangements to the buyer, and the buyer shall compensate for any damage to the seller.

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