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Reasons
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(영문) 대구지방법원 2016.01.21 2015가단110307
매매대금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2, 2009, the Plaintiff entered into a sales contract with the Defendant, setting the sales price of KRW 150 million for the 104m2 (316m2) out of the C’s land (hereinafter “instant sales contract”) and paid the purchase price in full.

B. At the time of the above agreement, the Plaintiff and the Defendant agreed to invalidate the contract when the Defendant does not create the road in the same way as the provisional partition attached to the above sales contract.

C. The Defendant divided a part of the above land into 1,045 square meters (hereinafter “instant land”) and transferred the instant real estate to the Plaintiff as the head of Daegu District Court No. 18595, Aug. 21, 2009, which received a resident settlement support on August 21, 2009.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion 1) The plaintiff asserts that although the defendant agreed with the defendant to invalidate the contract when the defendant would not build the road as attached to the sales contract, the defendant did not build the road, the plaintiff is obligated to cancel the contract of this case on the ground of the non-performance of the above special agreement. Thus, the defendant is obligated to return the above purchase price to the plaintiff at the same time with the plaintiff to the plaintiff. Since the plaintiff paid KRW 2,355,100 as the transfer registration cost of the land of this case and KRW 3,300 as acquisition tax, etc., KRW 5,65,100 as the above amount is paid for the transfer registration cost of the land of this case, the plaintiff is obligated to compensate for damages caused by the above 5,65,100 won in total.2) Accordingly, the defendant does not construct the road by packaging the actual road, but it means that the land can be constructed in the future by dividing it as a way.

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