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(영문) 창원지방법원통영지원 2016.01.14 2015가합10550
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 30, 2012, the Plaintiff purchased 4,950 square meters of a planned control area among 7,196 square meters of land in Tong-si, Tong-si, Si, and paid the purchase price as KRW 10 million, not specifying the purchase price.

The following special agreements are added to a sales contract prepared at the time:

1. The land lot shall be paid in full within one month after the permission is granted;

(Provided, That if there is a mutual agreement, changeable

2. The seller shall sell the land without the consent of the buyer after this contract, or there is no change in the registry, and if so, the buyer shall be liable for all damages (such as costs involved in the permit) of the buyer.

3. All necessary documents for authorization or permission shall be provided by the seller immediately, and any damage incurred by such failure shall be borne by the seller.

4.The land site shall be a base of 200,000 won per square meter.

5. The land price shall be paid within three months at the time of non-acquisition.

On August 2013, the Plaintiff filed an application with the Defendant for permission to engage in development activities with the aim of opening 1,229 square meters of access roads to the housing site (hereinafter “instant access roads”) on the said sale real estate under the Defendant’s name. On September 26, 2013, the Plaintiff was notified that the permission to engage in development activities (hereinafter “instant permission to engage in development activities”) with the validity period from September 26, 2013 to September 30, 2014 was approved.

In the process of filing an application for the instant development permit, the Defendant issued to the Plaintiff a written consent for the removal of the building with the content of removing the above ground warehouse (hereinafter “instant adjoining land”) from the 317 square meters adjacent to the Defendant’s access road to the instant land owned by the Defendant, and was in fact removed the above ground warehouse directly.

On December 5, 2013, the Plaintiff and the Defendant: (a) 4,290 square meters of C Forest Land 7,196 square meters (hereinafter “instant real estate”); (b) 2.60 million won of the sales price (the down payment that was already paid and the remainder KRW 250 million), and (c) 2.6 million of the sales price.

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