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(영문) 의정부지방법원고양지원 2015.02.06 2013가합7844
매매대금반환 등
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 82,358,075 and KRW 79,63,00 among them, Defendant B shall start on August 25, 2010 and remainder 2.

Reasons

1. Basic facts

A. (1) On July 15, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendants to purchase the land indicated in [Attachment List 1 to 4] and the land indicated in [Attachment List 5] owned by Defendant C, C, and D, and the purchase price of KRW 420 million (hereinafter “instant land”) with respect to the land indicated in [Attachment List 5] owned by Defendant B (hereinafter “instant land”).

The Plaintiff and the Defendants stated that the entry roads (hereinafter “the access roads of this case”) provide the approval for use to obtain development activities and construction completion, and that the present contract shall be null and void at the time of permission for development activities, and that the present contract shall be immediately returned at the time of non-permission, and the down payment shall be immediately returned (hereinafter “the instant special agreement”).

Consolidatedly, the Plaintiff paid any balance to the Defendants on August 25, 2010, and completed the registration of ownership transfer on each real estate of this case on September 2, 2010.

B. (1) The Defendants show a document stating that “I (the owner of the access road to this case) shall obtain KRW 20 million from F and give consent to land use,” while concluding the instant sales contract, the Defendants wired KRW 20 million out of the down payment received from the Plaintiff to F on the same day as the price for the consent to land use on the same day.

She, however, the above F did not pay to I the above twenty million won, and the Defendants did not confirm whether I received money in relation to the consent to land use.

Fidelity J means that it does not need to impair the facilities of the orchard operated by I, and that it is not necessary to do so.

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