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(영문) 서울고등법원 2015.02.17 2014나33569
계약금반환 등
Text

1.The judgment of the first instance shall be modified as follows:

On the basis of the ancillary claim added at the trial, the defendant.

Reasons

1. Basic facts

A. On September 7, 2012, the Defendant entered into a sales contract with the Plaintiff on the part equivalent to 1,650 square meters (hereinafter “instant land”) out of 7,244 square meters of C forest land in Kimpo-si, Kimpo-si, Kimpo-si (divided into 7,233 square meters of C forest land and 11 square meters of D forest land on June 19, 2013) (hereinafter “instant sales contract”). The main contents of the instant sales contract (A) are as follows.

The indication of real estate: 1,650 square meters out of 7,244 square meters of land in Kimpo-si, Kimpo-si (i.e., 500 square meters) sale price of KRW 720 million - down payment of KRW 300 million, at the time of the contract, shall be paid and received at the time of the contract. - Part payment of KRW 200 million shall

- The balance 20 million won shall be paid after the completion of civil engineering works.

Where a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may terminate the contract by peremptory notice in writing to the person who has defaulted.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.

Matters of special agreement

3. When the authorization or permission is not granted, this contract shall be null and void.

B. On September 9, 2012, the Plaintiff transferred the down payment of KRW 300 million to the Defendant account.

C. Since then, on March 15, 2013, a certified architect F, a corporation E, submitted a construction report on behalf of the Plaintiff to the head of G Eup on behalf of the Plaintiff, and the head of G Eup accepted the said construction report on May 16, 2013, and the details of the building report accepted at that time are as follows:

Site Location: A site area of 1,385 square meters in Kimpo-si: Building area of 1,385 square meters: 198 square meters (=60 square meters) subject to construction: Class 1 neighborhood living facilities of the general steel structure.

D. After May 21, 2013, the Plaintiff entered into the instant sales contract with the Defendant on the condition that “the total floor area of 100 square meters was a building permit,” and the actual accepted building area is 60 square meters. Thus, the instant sales contract was revoked due to the Defendant’s nonperformance of obligation, and accordingly, the sales contract was revoked.

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