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(영문) 수원지방법원여주지원 2017.12.13 2015가합10140
매매대금반환
Text

1. The Plaintiff, Defendant A and B, Defendant C, Defendant C, KRW 62,100,00 for each of them, Defendant D, KRW 16,740,00 for each of them, and Defendant Eul for each of them.

Reasons

1. Facts of recognition;

A. On November 8, 2011, the Plaintiff concluded a sales contract with Defendant A and B to purchase the purchase price of KRW 7,90,000,000 (a down payment of KRW 395,000,000 at the time of the contract), and the Plaintiff paid the remainder of KRW 395,00,000 on April 30, 201 to Defendant A for the said Defendants. On November 8, 2011, the Plaintiff concluded a sales contract with Defendant C to purchase the purchase price of KRW 2,534 in total from the said Defendants at KRW 7,90,00,000 (a down payment of KRW 395,00,00,000). The Plaintiff paid the down payment of KRW 684,00,000 on the date of the contract with Defendant C, and the Plaintiff paid the down payment of KRW 680,000,000 on the purchase price of KRW 684,00,005,200.

3) On November 7, 2011, the Plaintiff entered into a sales contract with Defendant D to purchase the purchase price of KRW 334,800,000 (each of the down payment of KRW 16,740,000 at the time of the contract, and the balance of KRW 318,60,000 on April 30, 201) from the said Defendant, and the Plaintiff paid KRW 16,740,000 to Defendant D on November 8, 201, the Plaintiff entered into a sales contract with Defendant E to purchase the purchase price of KRW 338,338 and above ground neighborhood living facilities from the said Defendant, and paid KRW 2,432,00,00 (each of the down payment of KRW 318,00 on April 30, 201, the remainder of KRW 16,740,00 on April 30, 208, respectively).

B. Each of the instant sales contracts, which include the special terms and conditions (hereinafter “the instant special terms and conditions”), that “this sales contract is conditional, and where a large sales facility building permit is not available, this contract becomes null and void, and the seller shall refund the total down payment to the buyer” (hereinafter “the instant special terms and conditions”).

C. The Plaintiff, a non-permission of construction, concluded each of the instant sales contracts, and is the competent authority on February 20, 2012.

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