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(영문) 인천지방법원 2015.11.19 2014가단215054
약정금 반환등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 15, 2014, the Plaintiff entered into a contract with the Defendant to purchase 724m2 (hereinafter “instant land”). The purchase price is KRW 20,000,000, intermediate payment of KRW 200,000, and the remainder, and the remainder is the Defendant’s bank’s obligation (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant contract”).

B. At the time of the conclusion of the above sales contract, the following descriptions, etc. are included in the document prepared by the Defendant’s agreement.

On February 15, 2014, the Plaintiff paid KRW 20,000 to the Defendant the agreed amount of KRW 20,000,000 according to the above contract, and around February 28, 2014, the Plaintiff paid KRW 596,219 to the Defendant the interest on the bank’s obligations accrued until February 28, 2014.

Terms of payment - Contract Amount: 20,000,000 won (in the event of an agreement) - The intermediate payment: 20,000,000 won (in the event of a bank agreement) - The remainder: (a) the terms and conditions of payment for bank creation deposit - the time when the buyer completes the terms and conditions of cancellation of the terms and conditions of the sale of provisional seizure (40,000,000) before the contract for a bank was entered into on or after February 15, 2014: If the purchaser obtains a written consent for the use of land for access roads (E) within three months from the date of the agreement, he/she shall provide a written consent for the use

C. Meanwhile, on March 24, 2014, under the title "Notice of Cancellation of Land Sales Contract", the Plaintiff promised to the Defendant to receive a written consent for land use within February 2014 at the time of the sales contract, but it has not been until now, and even though the said provisional seizure was cancelled within one week after the receipt of the down payment, the Plaintiff cancelled the provisional seizure to additionally receive KRW 10,000,000 which was not promised at the time of the contract. Thus, the Plaintiff did not perform the acquisition of the written consent for land use and provisional seizure within seven days from the arrival date of the notice.

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