(영문) 수원지방법원 2019.07.04 2018가단526933

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(영문) 수원지방법원 2019.07.04 2018가단526933

계약금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation operating a real estate leasing business, etc., and the Defendant is the owner of the building of 344 square meters in Gangseo-si C, D 292 square meters in size and its ground, E forest land, and 132 square meters in size (hereinafter collectively referred to as “each of the instant real estate”). Each of the instant real estate is the owner of the instant real estate, and each of the instant real estate can only pass through the road located in Gangseo-si, the Republic of Korea, adjacent to each of the instant real estate (hereinafter referred to as “instant road”).

B. On March 23, 2018, the Plaintiff purchased each of the instant real estate from the Defendant as a broker by G licensed real estate agents, and entered into a sales contract with the Defendant to pay the remainder KRW 200 million on the date of the contract, and the remainder KRW 1.8 billion on April 23, 2018 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

[Matters of Special Agreement]

5.In all matters of authorization and permission for use of and benefit from this sale and purchase of land, the applicable laws and regulations and land obstacles are the buyer's liability and the seller and the practicing licensed real estate agent shall not be liable.

11. Permission to occupy and use the F shall be granted;

12. A seller shall consent to use a new hotel building at a sale-type hotel.

(c).

On March 23, 2018, the date of the instant contract, pursuant to the instant contract, the Plaintiff paid 200 million won the down payment to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The plaintiff's primary assertion is that the plaintiff purchased each real estate of this case for the construction of a hotel, and entered into the contract of this case on the condition that permission to occupy and use the road of this case is granted. Since permission to occupy and use the road of this case cannot be granted, the contract of this case

Preliminaryly, the Plaintiff’s new hotel construction constitutes the motive of the instant contract.

유사 판례

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