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청주지방법원 2017.11.03 2017가단1165
매매대금반환
Text

1. The Defendant shall pay to each of the Plaintiffs KRW 35,00,000 and each of the above amounts to the day of full payment from February 24, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. Since March 11, 2009, Cheongju-si has a right to apply for a parcelling-out of the housing site, D is a single house of 40 square meters for multi-story housing (hereinafter “instant housing”) from March 11, 2009.

(2) The Korea Land and Housing Corporation has owned the land of this case. (2) The Korea Land and Housing Corporation established relocation measures (the right to apply for the sale of unsettled housing sites to the Korea Land and Housing Corporation according to the relocation measures; hereinafter referred to as the “instant application for the sale of lots”), and accepted the instant housing on October 20, 2010, for those who lose their base of livelihood as a result of providing residential buildings through the implementation of the project while implementing the F Housing Site Development Project with the site of this case as a project district.

B. On February 22, 2011, the Defendant: (a) purchased the instant application for parcelling-out with KRW 35 million on the condition that “in the event that the said multi-resident’s housing site is not sold due to a cause not attributable to the parties, the sales contract shall be invalidated; (b) the Defendant and D purchased the instant application for parcelling-out with KRW 35 million on March 24, 201, on the condition that “where D fails to perform its obligations, 1.5 million won equivalent to 3 times the purchase price shall be paid as damages”; and (c) signed an agreement on the payment of damages with the purport that “where D fails to perform its obligations, 1.5 million won shall be paid as damages.”

(No. 348 of the document of 2001, No. 348 of preparation of notary public H).

The plaintiffs' purchase of the right to apply for parcelling-out in this case 1) G proposed that the defendant will receive KRW 90 million from the defendant around July 2014, and the defendant received the right to apply for parcelling-out in this case. 2) The plaintiffs purchased the right to apply for parcelling-out in this case as a broker of G around July 22, 2014 and the defendant together with D around July 22, 2014.

(hereinafter “instant sales contract”). On the same day, the Plaintiffs transferred KRW 90 million to the Defendant’s deposit account and paid KRW 15 million in cash. The Plaintiffs paid KRW 15 million in total.

3 G. G.

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