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(영문) 인천지방법원 2013.12.12 2012가합19891
약정금등
Text

1. Defendant A, B, C, D, E, F, G, H, I, J, and K shall be the respective money set out in the column for the Arrangement in Attached Table 1 to the Plaintiff and the corresponding money.

Reasons

1. Basic facts

A. The Plaintiff is a construction operator, and the Defendants are the actors of AG, Defendant AB, AC, and AD who were the parties to the contract, and Defendant N is the successors of AG, Defendant AB, AC, and AD who were the parties to the contract, and the children of AI, who were the parties to the contract (hereinafter referred to as “Defendants” in total to AG, AH, and AI) who have written an agreement.

B. From March 9, 2006 to April 17, 2006, the Plaintiff entered into a sales contract with the Defendants to purchase land owned by the Defendants (hereinafter “instant land”) and paid the Defendants each amount listed in the attached Tables 1 and 2 as down payment.

C. The Plaintiff did not pay the intermediate payment and the balance to the Defendants on the agreed date, and on April 25, 2006, when the Plaintiff did not pay the balance to the Defendants by May 9, 2006, the Plaintiff renounced the AF district business and drafted a written waiver of the content that the down payment belongs to the Defendants.

All of the instant land were located within the land transaction permission zone. On June 23, 2011, the Plaintiff sent to the Defendants (excluding Defendant B) a certificate of the content that the instant sales contract was invalid because it was not subject to the land transaction permission. As such, the Plaintiff sent the said certificate to return the down payment by July 5, 201, and the said content certification reached the Defendants around that time.

E. From August 201 to December 201, 201, the Plaintiff drafted a written agreement with Defendant A, B, D, E, E, F, G, H, I, J, K, L, M, N, andO to receive the down payment under the instant sales contract (hereinafter “instant agreement”).

F. On September 4, 2012, the Plaintiff sent the return period to Defendant A, B, C, D, E, E, F, G, H, I, J, and K (hereinafter “Defendant A, etc.”) as the payment date specified in attached Table 1. The above content certification reached the said Defendants around that time.

G. The instant case.

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