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(영문) 서울고등법원 2016.09.08 2016나2007164
매매대금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

A. A forest land registration conversion was made with a forest land of 3,014 square meters (limited to the part for which permission for development was obtained).

H Forest 15,603 square meters were divided into 6,298 square meters for H forest, 2,208 square meters for Z forest, 1,820 square meters for AA forest, 1,820 square meters for AB forest, 1,820 square meters for J forest and 3,637 square meters on May 7, 2015.

I Forest 3,014 square meters were divided into 2,404 square meters of I Forest 2,404 square meters and 610 square meters of AC forest on March 20, 2015. On July 6, 2015, I Forest 2,404 square meters of I Forest 678 square meters, AD forest 562 square meters, AE forest 635 square meters, and AF forest 529 square meters.

On the other hand, on March 25, 2015, the Plaintiff entered into a real estate sales contract with the Defendant Company (hereinafter “the first sales contract”) and its main contents are as follows.

(The main contents of the sales contract made at the time are written; hereinafter the same shall apply). In the City of Sejong Special Self-Governing City located in Dongsan, Special Self-Governing City (100 py) with the size of 330 square meters (100 py) in size, the total sum of the 680,000 square meters per square meter (10 py) with the value of G in the city of Sejong Special Self-Governing City (100 py), * The parcel number is changed after dividing the parcel * the parcel number is changed * the matters concerning the transfer of ownership shall be met by the defendant

Then, on April 2, 2015, the Plaintiff concluded a real estate sales contract again by including the content of the first sales contract with the Defendant Company (hereinafter “instant sales contract”) to purchase more land than that stipulated in the first sales contract (hereinafter “instant sales contract”), the main contents are as follows.

The purchaser (Plaintiff) of Article 1(1)(Won 680,000,000 won (Won 136,000,000 won) of the Won 680,000 square meters (Won 136,000,000 won) of the forest land category of G in Sejong Special Self-Governing City in the Si of Busan Special Self-Governing City in Busan Special Self-Governing City (200 py) shall pay to the selling company (Defendant Company) the down payment of 74,80,000,000 won (Won 74,80,000,000) at the time of the contract as follows:

Article 4 In the event that the seller has terminated the contract, the buyer has compensated for the double the down payment and the buyer has ordered the contract.

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