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(영문) 청주지방법원 2015.05.08 2014가단154662
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 22, 2005, the Defendant entered into a sales contract with the non-party company with the content that the non-party company would sell the 636m22m2 (hereinafter “instant land”) prior to Cheongju-gu, Chungcheongnam-gu, the Defendant owned (hereinafter “instant sales contract”), and the main content of the said sales contract is as follows.

The Defendant seller of the land sales contract (hereinafter referred to as “A”) and the buyer company and one other (hereinafter referred to as “B”) enter into a sales contract for the instant land (hereinafter referred to as “contract”) as follows:

Article 1 (Purpose) Contracts are to purchase land A and to carry out the development projects under the Urban Development Act, and the Party A shall actively cooperate for the smooth promotion of the projects of Party B.

Article 3 (Sales Price and Time of Payment) (1) The sale price shall be 250,107,000 won.

(2) The sale price shall be paid as follows:

- down payment of KRW 25,010,700: Payment within seven days after consent of 70% of the total site - Payment of KRW 247,596,30: Payment within seven days after the designation of the district (such as transfer of ownership) ① Payment of KRW 4 (Transfer, etc. of Ownership) shall be made at the same time as the receipt of any balance, and the transfer of ownership shall be made to the Plaintiff designated by Section B.

(3) A shall immediately issue a written consent to land use, consent to urban development, certificate of seal impression, etc. necessary for authorization and permission related to the development project of B at the time of receiving down payment from B or even thereafter.

B. Meanwhile, on January 4, 2006, the Plaintiff transferred the down payment of KRW 25,010,700 to the Defendant’s account.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Plaintiff’s assertion 1 is a company running a housing construction project, etc., and to promote an urban development project on a site of approximately KRW 100,000 square meters, including the instant land, from September 2005, Seo-gu, Chungcheongnam-gu, Seoul.

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