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(영문) 대전지방법원 2016.10.19 2016가단7200
매매계약해지에 따른 매매대금반환
Text

1. The Defendant shall pay KRW 34,450,00 to the Plaintiff the annual rate of KRW 15% from March 18, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 25, 2015, Defendant (hereinafter “instant land”) completed the registration of ownership transfer on September 21, 2015, based on the sale by voluntary auction on September 21, 2015, for 3/7 shares of Jongno-gu Seoul (hereinafter “instant land”).

B. On September 1, 2015, the Plaintiff entered into a sales contract with the Defendant with respect to the purchase price of KRW 34,450,000 for the instant land (hereinafter “instant share”) and paid KRW 5,167,50 to the Defendant on the day of the contract amount.

C. The Defendant recommended the Plaintiff to purchase the instant land’s share, stating to the effect that “The instant land has been developed within several years and may obtain a few times’ profit from the market price.”

In addition, the instant land was designated as a Class 1 area of the non-top "non-top 1 area" by the urban planning ordinance of Seoul Metropolitan Government, but the Defendant merely said land as a Class 1 exclusive residential area under the National Land Planning and Utilization Act, and did not notify the fact that it is a Class 1 area

On the other hand, the land designated as the “Class 1” as the urban planning municipal ordinance of Seoul Metropolitan Government is land which is impossible to be developed as an absolute preservation green area.

After the instant sales contract, the Plaintiff came to know of the fact that the instant land was designated as “Class 1 of the Non-Stosaw 1” and asked the Jongno-gu Seoul Metropolitan Government Office about the meaning of “Class 1 of the Non-Stosaw 1” and asked the answer that the land was not developed.

Accordingly, the Plaintiff requested the Defendant to pay the balance of the land to the effect that “The land of “Class 1” was developed by the cancellation of a non-tosaw in Seoul, and the public officials of Seoul need not develop the land to be developed immediately.”

E. Accordingly, the Plaintiff’s intermediate payments to the Defendant on October 13, 2015.

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