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(영문) 대구지방법원 2016.04.21 2015가단28811
계약금반환 등
Text

1. The Defendant’s KRW 180 million to the Plaintiff and KRW 100 million to the Plaintiff from January 13, 2015, and KRW 80 million to the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2015, the Plaintiff and the Defendant entered into a sales contract with the head of Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant, by dividing 400 square meters out of 322 square meters of forest land owned by the Defendant and D (hereinafter collectively referred to as the “instant real estate”). The Plaintiff and the Defendant entered into a sales contract with the head of Ulsan-gun, Ulsan-gun, the Defendant for purchasing KRW 750 million of the purchase price and the down payment with KRW 80 million of the purchase price (hereinafter referred to as the “instant sales contract”), and the Plaintiff paid KRW 100 million of the purchase price on the same day.

B. The Plaintiff and the Defendant agreed to enter the instant sales contract into the 446m square meters prior to F, and the 7m-meter road, which entered the 446m square meters prior to F. The buyer’s land survey is the buyer, and this contract is null and void, and the down payment is returned without any condition.

C. On February 24, 2015, the Plaintiff, along with the Defendant and D, determined the location of a road for 400 square meters and to be opened in the G office located in Ulsan-gun, along with the land subject to purchase and sale, as in the attached Form, and prepared the “written consent for partition survey and sale” as in the attached Form, and the said drawing and written consent were divided into obstacles. The said drawing is indicated by the road that is divided into E, forest, H, 57 square meters, and 113 square meters and above the 113 square meters prior to I.

In February 2015, the Defendant requested the Plaintiff to add a special agreement with the content that allows the Plaintiff to exchange the part (b) and (c) 25 square meters in the same drawing and the part (c) 15 square meters in the same drawing. The Plaintiff and the Defendant added the contents of the said special agreement on the re-determined drawing, and agreed to compensate the seller for the double amount of the sales contract and to waive the down payment if the purchaser fails to comply with such various consultations.

E. The Defendant demanded that the Plaintiff bear the construction cost of roads around March 2015, and the Plaintiff and the Defendant bear five million won.

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