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(영문) 수원지방법원성남지원 2016.10.07 2016가단768
계약금반환 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the owner of 5,138,139/6,916, and 2,091 square meters of G forest land (hereinafter “each of the instant real estate”) among the 1,140 square meters of D forest land, E forest land, 1,06 square meters of F forest land, and 634 square meters of F forest land in Gwangju-si.

He, the husband of the Defendant, among each of the instant real estate, has 1,778,167/6,916,306 shares out of 634 square meters of forest land in Gwangju-si.

B. On June 10, 2014, the Plaintiffs, I, several other, Defendant, and H concluded a sales contract with the payment of the purchase price of KRW 421 million, the down payment of KRW 20 million, the remainder of KRW 392 million, and the remainder of KRW 300 million on August 11, 2014 (hereinafter “instant sales contract”). The down payment was paid by Plaintiff A in KRW 19.5 million, and the down payment was paid by Plaintiff B in KRW 5 million on June 10, 2014, which was the date of the contract, and H issued receipts to the Plaintiffs.

The terms and conditions of the instant contract are as follows.

- This contract is a contract including road sites - This contract is concluded by the plaintiff B as the representative of the house owner and the like, and the invitation of the same person shall be responsible by the plaintiff B.

- the conditions under which a written consent to road and land use is issued to the extent necessary for authorization and permission at the same time as the contract - the remaining land sale balance shall be paid to the buyer including within 20 days from the date of authorization and permission and shall be transferred

- To cancel the right to collateral security and superficies at the end of the balance.

C. Since then, the Plaintiff B and the Defendant modified part of the terms and conditions of the instant sales contract as follows (hereinafter “instant modified contract”) and affixed the Plaintiff B’s seal.

- This contract is a contract including road sites - This contract is concluded by the plaintiff B as the representative of the house owner and the like, and the invitation of the same person shall be responsible by the plaintiff B.

- the conditions under which a written consent to road and land use is issued to the extent necessary for authorization and permission at the same time as the contract - the remaining land sale balance shall be paid to the buyer including within 20 days from the date of authorization and permission and shall be transferred

- The right to collateral security at the end of the year.

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