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(영문) 울산지방법원 2017.08.11 2015가단17646
계약금 반환 등
Text

1. The Defendant’s KRW 96,156,570 for the Plaintiff and KRW 6% per annum from July 30, 2015 to August 11, 2017.

Reasons

1. Facts of recognition;

A. On October 18, 2012, the Plaintiff and the Defendant paid KRW 825,00,000 for the purchase price of KRW 4,960 square meters out of KRW 19,178,00 for racing A (hereinafter “instant real estate”) between the Defendant and the purchase price of KRW 825,00,00 for KRW 825,500 for the purchase price (no intermediate payment, and the remainder of KRW 742,50,00 for the purchase price shall be paid on April 30, 2013 (Provided, That payment shall be made after completion of civil works).

2) On the same day, the Defendant paid the down payment of KRW 82,50,000 to the Defendant on the same day.

1. In the case of the civil works on a site, work shall be carried out at least 1,100 square meters in actual site except for the legal surface;

2. The seller shall complete the work of civil engineering as designed by the office of civil engineering design;

3. Access roads to the site shall be the current access roads;

4. The drawings shall be attached at the time of the contract, but the drawings may be modified.

6. The seller shall notify the purchaser in advance of the completion of the construction works due to a natural disaster or any other cause, etc., in the course of performing civil works on a site.

B. Since then, on December 31, 2014, the ownership of the instant real estate and the instant real estate, which included the instant real estate through the process of combination of lots and subdivision, was transferred from Defendant Co., Ltd to MTM on December 31, 2014 to 13,626 square meters of forests and fields, 2/3 equity out of D road 117 square meters, E forest land 2,115 square meters, and 2/3 equity out of F road 541 square meters.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant sales contract became impossible by the Defendant, on December 31, 2014, transferred ownership of the land, including the instant real estate, to IMC on December 31, 2014.

Accordingly, the Plaintiff expressed his intent to rescind the instant sales contract through the service of the complaint of this case.

Then, this case.

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