(영문) 수원지방법원안산지원 2015.11.25 2014가단20349

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(영문) 수원지방법원안산지원 2015.11.25 2014가단20349

계약금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 15, 2011, the Plaintiff entered into a sales contract with the Defendant and B (hereinafter “C”) on the purchase price of 1,872,60,00,000 forest land, and entered into a special agreement as follows.

(hereinafter “instant sales contract”). At the same time as the contract was executed, work for the civil engineering and alteration of use of H and D forest land shall be conducted, and the change of the existing permission and new permission shall be made in the name of the buyer, and the seller shall bear all the expenses incurred therein.

2. The intermediate payment shall be immediately paid at the time permission for change of the use of H or D forest is terminated;

6. Within 60 days from the date of the contract, when the building permit has been delayed in the future of the buyer, the seller shall pay the buyer statutory interest on the down payment for the excessive period of time.

B. On May 20, 201, the Plaintiff, the Defendant, and the Plaintiff concluded a separate contract to purchase the instant sales contract with the purchase price of KRW 1,392,60,000 for KRW 480,000 for H forest land (50,000 for contract payment, KRW 430,000 for contract payment, and KRW 430,000 for the remainder of contract payment), respectively, on the following grounds: (a) the Plaintiff, the Defendant, and the Plaintiff, and the Plaintiff: (b) partly changed the terms and conditions of the instant sales contract; (c) the purchase price of the instant forest land was KRW 1,392,60,000 for forest land;

(2) At the same time as the contract was entered into on January 1, 200, work for civil engineering and alteration of the purpose of use of H and D forests shall be conducted, and the change of permission shall be made in the name of the buyer, the seller shall bear the expenses incurred therein, and all the remainder shall be borne by the buyer.

2. A seller shall pay an intermediate payment to a seller when he/she provides all of the written consent to land use and documents of land transaction permission following a building permit;

6. H Forest land shall be separately contracted, and the buyer shall pay the balance arising therefrom when the buyer has obtained the permission of development activities within 12 months after the completion inspection of the building in H forest land.

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