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(영문) 수원지방법원 2018.07.05 2017가단529133
매매대금반환
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 9, 2017, the Plaintiffs concluded a sales contract with the Defendant on July 28, 2017 with the content that the Defendant shall pay 1554 square meters (hereinafter “the instant site”) and 129 square meters (hereinafter “instant site”). In addition, the Plaintiff purchased KRW 800 million by combining the previous criminal records and the instant site, and the down payment KRW 100 million is paid on June 9, 2017, the contract date, and the remainder KRW 70 million is to be paid to each Defendant on July 28, 2017.

(hereinafter “instant sales contract”). B.

B. At the time of the instant sales contract, crops were crops, and the instant site was a house that the Defendant was living. However, Articles 4 and 5 of the instant sales contract provides that “The directors completed before the remainder date and the said crops on the said land shall be waived after the remainder date.”

C. On June 9, 2017, the Plaintiffs remitted the down payment of KRW 100 million to the Defendant according to the instant sales contract.

The Plaintiffs filed an application for the qualification certificate for acquisition of farmland necessary to acquire the previous date of the instant case immediately after the instant sales contract, and received the qualification certificate for acquisition of farmland on June 13, 2017.

E. On July 11, 2017, the Plaintiffs received a loan of KRW 200 million each based on the instant real estate as security, so that it can be carried out on the balance payment date, and prepared the Plaintiff’s account in advance for KRW 300 million.

F. After that, under the agreement between the Plaintiffs and the Defendant, the payment date of the remainder was changed to 0:00 on July 27, 2017.

G. On July 25, 2017, the Defendant promised to complete directors by July 30, 2017 in selling and selling the instant real estate. On July 31, 2017, the Defendant prepared an agreement stating that I would consent to forced directors and removal, and issued it to the Plaintiffs.

H. On July 27, 2017, the Plaintiffs, at the F Licensed Real Estate Agent Office that arranged the instant sales contract around 10:00, received the estimate of the transfer registration cost incurred from the instant sales transaction from G by a certified judicial scrivener G.

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