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(영문) 수원지방법원 2014.05.09 2012가합12637 (1)
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 21, 201, the Plaintiff entered into a sales contract with the Defendant on 210 square meters (hereinafter “instant sales contract”) with respect to the purchase price of KRW 336,000,000, and KRW 50,000 for down payment and KRW 100,000 for the first intermediate payment, and KRW 186,00,000 for the remainder payment on the date of the contract (hereinafter “instant sales contract”) within seven days from the date of notification that the Defendant obtained permission (design Alteration).

B. In concluding the instant sales contract, the Plaintiff and the Defendant agreed to enter into a special agreement that “210 square meters of the contracted area is the area (18% of the exclusive-use area compared to the exclusive-use area) included in the joint-use area (18% of the exclusive-use area) and that “a seller shall obtain authorization and permission through modification of design (all permission necessary for construction).” The seller shall keep the documents necessary for the access road and the authorization and permission (a seal and the written consent for land use).”

C. The Plaintiff paid KRW 135,00,000,000 as part of the remainder to the Defendant on October 27, 201, and KRW 40,00,000 on October 28, 201, and KRW 80,000 on December 26, 201, and KRW 135,00,000 on January 19, 201.

On October 27, 2011, the Defendant prepared a written performance note to the Plaintiff stating that “The documents regarding permission and land division transfer shall be presented at least before January 31, 2012 and shall be the remainder receipt.”

E. On December 21, 201, on December 21, 201, the head of the Suwon-si District Office permitted development activities (legal fiction/design change of permission for conversion) with the content of “location: Suwon-si Suwon-si c, D, size: 2,295 square meters (certificate 515 square meters)”, purpose: Creation of a detached housing site, period of permission: from July 27, 2009 to July 30, 2012; and the person who obtained permission: E, F, and Defendant.

F. On June 5, 2012, the Plaintiff implemented the terms and conditions of the instant sales contract and the terms and conditions of the said written contract to the Defendant by June 15, 2012, and there is no separate declaration of intent in the event that the contract is not implemented by that deadline.

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