logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.08 2017가합23540
계약금반환
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 300,000,000 and its payment from November 1, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Matters under a special agreement for recognition;

1. At the same time as the down payment is received, the land shall be registered as the disposal trust, and the defendant shall submit all the documents necessary for the registration of the disposal trust.

Expenses incurred in the registration of disposal trust shall be borne by the plaintiff.

2. After receiving the down payment, the Plaintiff actively cooperates with the authorization and permission procedure to develop the above land, such as the consent to use the land.

3. This contract is subject to the permission of development for the land to be sold and purchased, and if the plaintiff is unable to obtain the permission of development for the said land, this contract becomes null and void, and the KRW KRW 300,000, out of the down payment already paid, shall be returned to

However, the plaintiff does not claim against the defendant all the expenses invested to obtain permission for the above land.

7. The remainder shall be one of the periods specified in the main sentence, and if the authorization or permission remains within that period, the remaining date shall not exceed three months after the authorization or permission was granted, and if necessary due to the circumstances of administrative procedures, the remaining date may be extended by up to six months under consultation with the Plaintiff.

On August 28, 2014, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant to purchase five parcels (hereinafter “instant real estate”) including the wife population B, C, D, E, F, and G (hereinafter “instant real estate”), and paid the down payment of KRW 500,000,000 on August 28, 2016, respectively, on the date of the contract, and the remainder of KRW 2,50,000,000 on August 28, 2016.

The main contents of the special agreement included in the instant sales contract are as follows.

B. The Plaintiff paid the Defendant the down payment of KRW 500,000,000 to the date of the instant sales contract, and on the same day, the Defendant concluded a real estate disposal trust contract with respect to the instant real estate as a trustee, which is a Mugunghwa trust company, and on September 4, 2014.

arrow