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(영문) 서울중앙지방법원 2018.09.19 2018가단5087572
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2013, the Plaintiff and D made between the Defendants and the Defendants on July 15, 2013, that the sales price of eight parcels, including E 5,374 square meters, owned by the Defendants, is KRW 47,132 square meters (hereinafter “instant land”) of the total area of KRW 1.987 million, KRW 20 million, and the remainder (1.787.4 million) on September 16, 2013, the Plaintiff and D purchased the following terms:

The Defendants paid 200 million won down payment to the Defendants.

The contract shall be paid by the seller the sum of the down payment at the end of the contract, and the buyer shall waive the down payment at the end of the contract and shall not request the return of the down payment.

The buyer shall submit to the seller all documents of the withdrawal of all permission, such as development activities, building permission, etc., in preparation for a case where the buyer fails to pay the balance by the payment date of the balance, and the approval for the use of the land by the seller is

In the event of failure to comply with this, this Agreement shall be rescinded.

Any balance settlement shall be paid by bank loans.

(b).

The Defendants, according to the instant sales contract, issued to the Plaintiff and D a written consent to use of the instant land, and the Plaintiff and D obtained permission for development of the instant land and permission for construction in the name of the third party.

C. The Defendants, at the request of the Plaintiff and D, delayed the payment date of the remainder under the instant sales contract in sequence to “ October 10, 2013,” “ October 28, 2013,” “ October 10, 2013,” and “ December 10, 2013.” On December 12, 2013, the Defendants demanded that the Plaintiff and D withdraw the authorization and permission of the instant land by December 23, 2013.

Permission for development activities and building permits granted by the Plaintiff to the instant land in the name of a third party has not been withdrawn or revoked for several years.

[Ground of recognition] There is no dispute.

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