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(영문) 서울중앙지방법원 2014.09.24 2014가합14332
계약금반환 등
Text

1. The defendant shall pay to an independent party intervenor KRW 100,000,000 and interest thereon from July 26, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On January 31, 2013, the Plaintiff purchased KRW 10,025 square meters of D Forest land (hereinafter “instant land”) from the Defendant in Chuncheon-si, Chuncheon-si (hereinafter “instant land”). The Plaintiff concluded a sales contract with the Defendant to pay KRW 1,091,00,000 for down payment of KRW 100,000 on the date of the contract and to pay the remainder of KRW 991,00,000 to the Defendant on April 30, 2013 (hereinafter “instant sales contract”). The Plaintiff paid KRW 100,000 for the same day the down payment to the Defendant.

B. Upon entering into the instant sales contract, the Plaintiff and the Defendant agreed to cooperate with the Defendant so that the Plaintiff may obtain permission necessary for real estate development business regarding approximately KRW 1,500 among the instant land at the same time as the contract was concluded, and accordingly, stated in the instant sales contract that “the Defendant, simultaneously with the contract, shall carry out the authorization and permission for approximately KRW 1,500 among the instant land at the same time, and the Defendant shall bear the Plaintiff’s expenses, but the Defendant shall issue documents necessary for the authorization and permission until the completion of the authorization and permission process without any condition.”

C. Meanwhile, separate from the instant sales contract, the Plaintiff and the Defendant concluded a sales contract with the content that the Plaintiff purchases from the Defendant the land E- 24,000 square meters of forest land, F 12,00 square meters of forest land, G 19,500 square meters of forest land (hereinafter “the remainder of the instant land”), which is adjacent to the instant land, and the said sales contract concluded that “the Defendant takes necessary measures (e.g., provision of delegation) so that the Plaintiff may purchase the land on the designated date.”

Around April 30, 2013, the remaining maturity of the instant sales contract, the Plaintiff requested the Defendant to postpone the repayment period by May 10, 2013, with the reasons for the delay of authorization and permission. However, the Defendant, on May 1, 2013, requested that the Plaintiff cancel the contract if the remainder is not paid within the prompt period.

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