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(영문) 의정부지방법원 2019.04.30 2018가단4697
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On February 2, 2012, the Defendant received permission to engage in development activities of 1,501 square meters of land in Gyeonggi-gu, Gyeonggi-do, for the purpose of creating a detached house, warehouse, and road site, and 1,744 square meters of land in 2,572 square meters of land in D, and E forest land 2,579 square meters of land.

F, G is divided into land F, and H, I, J, and K is divided into land D, and M, N,O, and P land was divided into land L.

The defendant obtained permission for extension of development activities on five lots, such as D, K, M,O, and F, around April 24, 2014 due to extension of the period, division of land, and change of land register.

B. On April 8, 2015, the Defendant: (a) determined and leased the unregistered building C on the ground to Nonparty Q Q for KRW 40 million; and (b) the period from May 31, 2015 to May 31, 2017.

C. On August 13, 2015, the Plaintiff concluded a sales contract with Defendant (C) on unregistered buildings and 12 parcels on the following, and paid down payment amounting to KRW 50 million.

Real estate: Unregistered buildings and 12 parcels (S, C, F, G, H, H, J, K, K, M, N,O, and P): Housing KRW 110 million and land 750 million: The remainder of the down payment (contract payment) KRW 50 million (payment on August 20, 2015): The order of real estate of KRW 60 million (payment on August 20, 2015) shall be the same as the remainder payment on August 20, 2015, while the current tenant of the housing succeeds to the obligation and seizure related to the current real estate as of the remainder payment date and terminates under mutual agreement for the person holding the provisional registration with respect to the right of provisional registration, if the buyer moves within one month after the remainder payment is made by the seller.

(Provided, That at the time of the commencement of construction, the seller shall cooperate in all affairs at the time of securing access roads and granting additional permission.

The seller shall reimburse the amount of the down payment at the time of the termination of this contract, and the buyer shall not waive the down payment and claim the return thereof.

D. On August 13, 2015, R drafted a written confirmation that, if it pays KRW 30 million to the Plaintiff, it would complete the remainder 60 million.

(e).

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