(영문) 서울남부지방법원 2018.03.16 2017가단224078

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(영문) 서울남부지방법원 2018.03.16 2017가단224078

금전반환 청구의 소

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 9,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On March 18, 2014, the Plaintiff (former: L&W P PP Co., Ltd.) entered into a trade agreement with the Defendant to purchase land and one parcel of land and annex building (hereinafter “instant real estate”) outside Geumcheon-gu Seoul, Geumcheon-gu, and the Defendant owned for KRW 19 billion (sale reservation).

At that time, the Plaintiff paid KRW 500 million to the Defendant the purchase and sale agreement amount, and agreed that the term of validity of the agreement shall be set at one month from the date of the formation of the agreement, and when the Plaintiff pays the contract deposit within the effective period, the amount of this agreement shall be converted as part of the contract deposit and the contract deposit shall be converted as part of the contract deposit, and the contract deposit shall be returned without

B. On April 18, 2014, the Plaintiff and the Defendant: (a) determined the term of validity of the agreement as of May 19, 2014; (b) concluded this agreement when the Plaintiff pays the down payment within the term of validity; (c) no right may be transferred to a third party that has not been agreed during the term of validity; and (d) when this agreement has not been concluded within the term of validity, the Defendant agreed to return KRW 428,000,000,000,000,000 from the agreed amount received, by May 20, 2014 (hereinafter referred to as “the first amendment agreement”); (c) again, on May 22, 2014, the Plaintiff and the Defendant concluded this agreement, setting the term of validity as of June 23, 2014, if the Plaintiff pays the down payment within the term of validity, and the Defendant did not enter into this agreement within the term of validity of 200,000,000 won,000 won,0000.

In June 23, 2014, the contract deposit is made by the Plaintiff.

유사 판례

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