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(영문) 의정부지방법원 2017.05.31 2016나57650
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) B is a person engaged in real estate development consulting business;

B. B concluded a sales contract with C on August 19, 2015, to purchase KRW 650,000 (the remainder of KRW 65,000,000 for contract deposit, KRW 585,000 for the remainder of KRW 580,000), and the remainder payment date on October 7, 2015 (hereinafter “instant sales contract”), and paid each of the Defendant KRW 5,000,000 for the remainder of the down payment on August 26, 2015.

C. On August 27, 2015, B requested the Defendant to change the purchaser under the instant sales contract to the Plaintiff and F on the grounds of the construction permit and loan.

Accordingly, the Plaintiff and F succeeded to the status of purchaser under the instant sales contract by concluding a sales contract with the Defendant for the instant land.

(The contract date under the sales contract was entered retrospectively on August 19, 2015).

On the north side of the instant land, the neighboring land owned by the deceased G (hereinafter referred to as “instant neighboring land”) is adjacent.

On June 11, 2015, the adjoining land of this case is currently being used as a road, and on June 11, 2015, the Sipo-si publicly announced that the adjoining land of this case is designated as a road

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, 12 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2, 3, and 10, witness E of the first instance trial, witness of the first instance trial, and witness B of the first instance trial, the purport of the whole pleadings and arguments

2. The plaintiff's assertion

A. The Plaintiff purchased the instant land for the purpose of selling the loan in lots.

However, the land of this case is impossible to grant a building permit as a blind land.

In addition, in order for the Plaintiff to obtain a building permit to install urban gas and water supply and drainage facilities on the instant land, he/she shall obtain a written consent to land use from the network G, the owner of the adjacent land of the instant case, but the network G demands that it is not acceptable to expropriate the consent to land use, and file a civil petition for pocheon viewing

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