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(영문) 전주지방법원 2015.01.08 2013나12115
계약금 등 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 19, 201, the Plaintiff: (a) between the Defendant’s husband C on his behalf and the Defendant’s husband C; (b) on November 23, 201, 201, the Plaintiff was divided into real estate indicated in attached Tables 1 through 4; and (c) on November 23, 201, the registration conversion was made on November 23, 201, with respect to the Plaintiff’s land of 29,95 square meters for the gas farm in Jeon-gun, Jeonbuk-gun, the Defendant owned, M farm site of 15,471 square meters; and (d) the registration conversion was made on November 23, 201, with respect to the N farm site of 9,521 square meters as the real estate listed in attached Tables 5,471 square meters as the real estate registration conversion on November 23, 2011; and (d) the list of real estate registered on November 23, 2011.

(1) The Plaintiff purchased the instant real estate at KRW 332,60,000, and paid the down payment at KRW 30,000 on the date of the contract, and the remainder KRW 302,60,000 on June 20, 201. In the event of nonperformance of obligation under the sales contract, the other party may demand in writing and rescind the contract, claim the other party who has failed to perform his/her obligation to compensate for damages arising from the cancellation of the contract, and the other party may claim damages arising from the cancellation of the contract (hereinafter “instant sales contract”), and the Defendant paid the down payment at KRW 30,00,000 to the Defendant on the same day, unless otherwise agreed.

B. On June 16, 201, the Plaintiff deposited KRW 15,000,00 in an account under the Defendant’s name.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence 1-1 through 6, Gap’s evidence 2-4, Gap’s evidence 7-1 through 9, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. At the time of the conclusion of the instant sales contract, the Plaintiff entered into a contract with C to enter into the site with the knowledge that the instant real estate is located in the normal part of the mountain, where electricity and water supply facilities are located, with a view to planting trees. Thereafter, on June 20, 201, the location of the instant real estate and the location of the land known by C is different from that of the instant real estate.

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