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(영문) 수원지방법원성남지원 2017.12.19 2016가단15654
계약금반환
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) 6,220,000 won and its full payment shall be made from March 8, 2017.

Reasons

1. Basic facts

A. As to each of the instant lands, the Defendants are 1) 796 square meters and G 736 square meters and 736 square meters prior to Gwangju City (hereinafter “each of the instant lands”).

Defendant D is the co-owner of the land and Defendant D is the permission for the development of 89 square meters in the building area of a farmer’s house from the relevant Gwangju City Mayor on or around September 6, 2007 (hereinafter “instant development permission”).

(2) Each of the instant lands is designated as an area subject to review of impact on the preservation of cultural heritage by Gyeonggi-do Ordinance on the Protection of Cultural Properties, and is designated as one district (individual review zone) within a historic and cultural environment preservation area in accordance with Article 13 of the Cultural Heritage Protection Act, and is subject to prior permission for the alteration of the current state of cultural heritage by the Administrator of Cultural Heritage Administration and an inspection of the drilling of cultural heritage by relevant experts

3) The land use plan confirmation letter for each land of this case states that it is an area subject to review of impact on the preservation of cultural heritage under the Gyeonggi-do Ordinance on the Protection of Cultural Properties. (B) The Plaintiff A, as a real estate broker, was commissioned by the Defendants to intermediate the sale and purchase of each land of this case and decided to purchase the land of this case including the Plaintiffs.

2) On April 15, 2016, the Plaintiffs: (a) as indicated in the attached drawing with respect to each of the instant lands, as indicated in the attached drawing with the Defendants, have divided the land into a provisional division; (b) Plaintiff A made a provisional division with respect to the portion of KRW 368 square meters in the provisional division; (c) KRW 467.3 square meters in total; (d) KRW 134,00,000 in the joint ownership; and (e) KRW 467.3 square meters in the joint ownership; (ii) Plaintiff B made a provisional division with the Defendants; (d) KRW 106 square meters in the joint ownership; (5) KRW 48.3 square meters in the joint ownership; (7) KRW 521.3 square meters in the joint ownership; (5) KRW 109,00,000 in the joint ownership; and (5) KRW 41 square meters in the joint ownership; and (5) KRW 27530,00 in the joint ownership.

The special agreement has been concluded, and the special agreement shall be as follows: Article 8 (Matters of special agreement 1..

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