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(영문) 울산지방법원 2016.10.11 2016가단50206
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. On September 18, 2015, the Plaintiff: (a) purchased part of the instant land in installments with C representing the Defendant; and (b) signed a contract on the construction of a 4-story multi-household building on the ground to C, a construction manager for the Defendant’s side, with the content that the construction of a 4-story multi-household building was awarded to C.

(hereinafter “instant contract”). The principal contents of the instant contract are as follows:

The name of the construction project: The total price for new construction of multi-household D (284 square meters): KRW 1150,000,000 (including land and construction cost, and additional tax: around October 20, 2015): The first intermediate payment of KRW 100 million ( around October 20, 2015: KRW 150,000 and KRW 250,000 and KRW 250,000) are simultaneously transferred to the name of the land. The second intermediate payment of KRW 100,000: the third intermediate payment of KRW 100,000: 20,000 won: The balance of KRW 10,000 (the payment of KRW 10,50,000 after completion of the loan).

B. On September 18, 2015, the Plaintiff paid KRW 100 million to the Defendant the down payment under the instant contract.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 10, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts the absence and invalidity of the contract of this case, which is the primary cause of claim (return of contract deposit) 1, that the contract of this case is invalid on the ground that the contract of this case was entered into between the plaintiff and C, but did not enter into a new house construction contract, and that the purchase price and the construction cost are not specified in the total purchase price, and that the location of the land to be acquired by the plaintiff is not specified in the land among the land of this case.

In order to establish a contract, it is required that the parties agree with each other, and the agreement of such parties is not necessary with respect to all matters constituting the contents of the contract in question.

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