(영문) 인천지방법원 2017.04.04 2016가합58627

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(영문) 인천지방법원 2017.04.04 2016가합58627

계약금반환

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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 May 29, 2008, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 10,478,400,000 (hereinafter “instant real estate”) the land transaction permission area designated as the land transaction permission area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) from the Defendant on May 29, 2008, and paid KRW 1,047,840,000 to the Defendant on May 29, 2008.

B. The part relating to the instant sales contract relating to the instant case is as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to purchase the instant real estate from the Defendant and build multi-family housing through an urban development project. The purpose of this Agreement is to fully recognize the facts of the Defendant and the Plaintiff on the premise thereof, to determine the specific matters following the purchase of “real estate property” and to faithfully perform the mutual rights and obligations in order to achieve the goal thereof.

Article 3 (Methods for Payment of Real Estate Price)

1. The down payment paid shall be reverted to Gap, when three months elapse from the date of the contract, 90% of the 3,700,000,000 won (Won 10,478,400,000) per gold of the amount divided into the purchase price of real estate (Won 3,700,000) per gold of 10,000,000 won (Won 1,047,840,000) and at the same time, 90,000,0000,0000,0000 won (Won 9,430,560,000) per gold of the amount divided into the purchase price of real estate;

2. The purchase price shall be paid as follows:

1) The down payment shall be 10% of the sales amount, and the real estate sales contract shall be mutually sealed and sealed, and the Plaintiff shall immediately transfer the documents under Article 4 to the account designated by the Defendant after receiving them from the Defendant. (ii) The balance shall be 90% of the sales amount, and shall be paid at the time of June 25, 2009 through 14 months.

Provided, That an urban development zone is designated and.

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