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(영문) 서울서부지방법원 2014.09.26 2014가합32984
약정금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from May 3, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant of the previous agreement, on March 3, 2014, entered into a trade agreement with the Deposit (hereinafter “Reference”) on the land outside Gyeonggi-gun B and seven parcels (hereinafter “instant land”) owned by the Defendant and paid 13.5 billion won in lump sum, within five months from the date of concluding the agreement, on which the purchase and sale agreement was entered into, and the purchase price was paid in lump sum. see, e.g., Supreme Court Decision 200 million won to the Defendant if the deposit is not paid within the said period, 30 million won shall be paid to the Defendant, and see, e.g., Supreme Court Decision 200 million won on the date of the agreement, and 10 million won on the date of the agreement, and 200 million won shall be paid to the Defendant within two months from the date of the agreement on the

B. On March 19, 2014, the Defendant received 200 million won from the Plaintiff as to the instant land (see Paragraph (3)), and entered into a sales contract within three days after payment of the agreed amount (see Paragraph (4)). In the event that a sales contract cannot be concluded due to the circumstances of the parties to the agreement, the contract may be returned and the agreement may be terminated (see Paragraph (5)). Of the agreed amount, KRW 100 million out of the agreed amount 200 million shall be included in the contract deposit, and the remainder of 100 million won shall be included in the contract deposit, and the Plaintiff received the said agreed amount from the Plaintiff on the same day.

[Reasons for Recognition] Unsatisfy, Gap's 1 (including ad hoc number), 2, Eul's 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the plaintiff is liable to return the agreed amount because the feasibility of the new apartment construction project on the ground of the land of this case is uncertain and the plaintiff is unable to conclude the sales contract, and the contract of this case is cancelled through the delivery of a copy of the complaint of this case pursuant to Article 5 of the Agreement

2.3.

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