(영문) 서울중앙지방법원 2019.05.02 2017가합573894

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(영문) 서울중앙지방법원 2019.05.02 2017가합573894

매매대금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2016, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant setting the sales amount of KRW 4 billion with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “CF”) as indicated in the separate sheet owned by the Defendant.

B. The Plaintiff paid 4 billion won to the Defendant on the day of the contract, and the Defendant also completed the registration of ownership transfer with respect to CBD D on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 3 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion

A. Restoration 1 following the cancellation or cancellation of a contract) The Defendant: (a) was a person who has engaged in a new construction and sales business of domestic highest-class loan; and (b) at the time of the conclusion of the contract of this case, the Defendant agreed to reconstruct E (6th) on the land of C lending to allow the Plaintiff to move in by the end of October, 2017. However, the Defendant did not perform its obligations under the above agreement, such as the Plaintiff’s failure to remove the land by the end of October 2017, which is the time of filing the contract of this case; (b) at the time of the conclusion of the contract of this case, the Defendant may cancel the contract of this case on the ground of the Defendant’s nonperformance; (c) at the time of the conclusion of the contract of this case, the Defendant was able to enter into C lending upon the completion of the consent procedure of C lending owners, and the Defendant was able to move in without additional contributions by the end of 2017, but in fact, C lending owner’s consent was not run by the end of 2017.

Nevertheless, the defendant deceivings the plaintiff as above, and the plaintiff by the end of 2017.

유사 판례

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