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(영문) 대전지방법원 서산지원 2017.01.13 2016가단50810
매매대금반환
Text

1. On January 4, 2013, the Defendant: (a) on each real estate listed in the separate sheet from the Plaintiff, the Taean District Court of Daejeon District Court registry office.

Reasons

1. Basic facts

A. ① On December 11, 2012, including the conclusion of a sales contract between the Plaintiff and the Defendant, the Plaintiff purchased approximately KRW 600,000,000, out of approximately 85,000,000,000,000, out of the forest land C 8,029 square meters owned by the Defendant, the Defendant, and the down payment of KRW 10,000,00,000, on the date of the contract (hereinafter “instant sales contract”), entered into a sales contract with the Defendant to pay the remainder of KRW 75,00,00,00 to the Defendant on January 10, 2013 (hereinafter “instant sales contract”); and the Plaintiff and the Defendant agreed as follows as a special agreement at the time of the contract.

Matters of special agreement

1. A seller shall implement procedures for the simultaneous division of land with a contract;

3. The above sale and purchase real estate is divided based on the line No. 1 and No. 2 in the annexed Form No. 1 and 600 shall be transferred to approximately KRW 600 (the sale and purchase price shall be calculated in the unit price per square meter in the current sales contract amount after the division). 5. The sale and purchase price of the above sale and purchase real estate shall be borne by the seller (including the construction permit procedure - the cost incurred at the time of the construction permit), and the seller shall dispose of it on October 30, 2013, and the buyer shall immediately submit to the seller a document, etc. necessary for the above procedure.

[Attachment Map] (2) After December 26, 2012, the Defendant divided D forest land into D forest land into 2,140 square meters in accordance with the terms and conditions of the said special agreement, and the Plaintiff paid KRW 75,000,000 out of 82,00,000,000 according to the actual divided area on January 4, 2013, and completed the registration of transfer of ownership in its name as to D forest land 2,140 square meters on the same day.

B. ① On April 18, 2013, the Defendant completed the registration of ownership transfer of D land on April 18, 2013, the following: (a) divided C land divided into C forest land of 5,459 square meters and E forest land of 430 square meters; and (b) on July 31, 2013, the registration of the establishment of a neighboring land and the establishment of superficies in the name of the Saemaul Depository, if the existing establishment was established on July 31, 2013.

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