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(영문) 서울중앙지방법원 2015.01.22 2014가합21361
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Under each of the following facts, facts may be acknowledged by adding together the whole purport of the pleadings to Gap evidence of 1 to 7, Eul evidence of 1 to 4, Eul evidence of 1 to 7, and Eul evidence of 1 to 7.

On February 7, 2014, the Plaintiff entered into a contract with the Defendant Co., Ltd. (hereinafter the Defendant Co., Ltd.) to purchase KRW 1,950,00,000 for a factory site D in Gwangju-si and two parcels, including KRW 3,603 square meters (hereinafter the instant land) and two-story factories of reinforced concrete structure on the instant land (hereinafter the instant building) on the ground of reinforced concrete structure in 1,950,000.

(2) According to the instant sales contract, the Plaintiff paid KRW 200,000 as the intermediate payment of KRW 190,000 on the contract date, and the intermediate payment of KRW 1,560,000 on April 9, 2014, and the remainder of KRW 1,560,000 on June 11, 2014.

B. Defendant B and Defendant C arranged the instant sales contract as a broker.

C. Of the special terms and conditions of the instant sales contract, the issues of the instant case are as follows.

Article III Performance Agreements

1. [Mutual Cooperation, Non-performance of Obligations, and Compensation for Damages] The buyer bears the burden of the various expenses incurred in the authorization or permission, and the seller and the landowner shall actively cooperate in the necessary matters in accordance with the buyer’s application for authorization or permission, such as consent to land use;

If either party fails to obtain, or delays to obtain, the authorization or permission due to the performance or cooperation of either party, the non-cooperative party shall compensate the other party for the total sum of the above sales contract and intermediate payments (390 million won) if the said contract and intermediate payments have been paid as compensation for damages.

At the time of the instant sales contract, Defendant B and C issued a description verifying the object of brokerage [Ⅱ] (non-residential building] to the Plaintiff, and the land use plan of the description verifying the object of brokerage as well as the column for restrictions on use and transaction regulations under public law (land).

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