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1. The defendant's KRW 30,000,00 and about this, 5% per annum from May 13, 2020 to January 22, 2021 to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation that runs the housing construction business, etc., and the trade name around July 18, 2019 changed from “A” to “A”.
B. On June 24, 2019, the Plaintiff entered into a purchase and sale contract for land (hereinafter “the instant purchase and sale contract”) with the Defendant stating that “The total purchase amount of KRW 1,346,00,000, down payment of KRW 30,000,000, and the intermediate payment of KRW 346,50,000 shall be paid at the time of the contract, and the intermediate payment of KRW 346,50,000 shall be paid at August 24, 2019, and the remaining amount of KRW 969,50,000 shall be paid after six months.”
The main contents of the instant sales contract and its special agreement are as follows.
Article 3 In a case where the seller of this contract has terminated the contract, he shall compensate the buyer for the amount double the down payment, and when the buyer has terminated the contract, the down payment may not be claimed for the return of the down payment invalidated.
1. The purchase price shall include the purchase price of fixtures, such as gardenstones, gardenings, sculptures, street lamps, and raw timberes on the above real estate;
2. In the event that a building permit is not allowed on this site, this sales contract and the consent to land use shall become null and void, and the sales contract deposit shall be refunded.
3. Development costs of groundwater and various kinds of compensation costs shall be the seller's rights.
4. Interests on loans from real estate to be purchased shall be borne by the purchaser from three months;
5. A seller shall determine taxes and public charges and gold for real estate sold and purchased by the date of the balance payment and actively cooperate with the transfer of ownership.
6. Deposit account: Nonghyup D E.
C. On June 25, 2019, the Plaintiff paid the Defendant the down payment of KRW 30,000,000.
(d)
Although the Plaintiff was willing to obtain a building permit from the Gyeongsan market to build electric power units on the ground of the instant real estate, the Plaintiff did not obtain a building permit from the Gyeongsan market.
E. Meanwhile, with respect to five parcels of the instant real estate, such as F, G, H, I, and J, the implementation plan for the K District Improvement Project around June 18, 2018.