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(영문) 전주지방법원 2018.10.18 2018나278
매매대금반환
Text

The judgment of the first instance shall be revoked.

The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

Any counterclaim filed by this Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On December 6, 2016, the Plaintiff entered into a sales contract with the Defendant to sell approximately KRW 10,000,000 (hereinafter “instant real estate”) out of KRW 69,424,00,00 for solar power generation projects, with the sales price of KRW 550,00,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 100,000 for the down payment, and paid KRW 100,00,000 for the intermediate payment on January 10, 2017.

The main contents of the instant sales contract are as follows.

Article 2 Sales Price of KRW 550,000 (Seoul 55,000 won) Deposit of KRW 100,000 shall be deposited into the Defendant’s account at the same time as the contract is concluded.

The intermediate payment of KRW 100,000,000 shall be paid on January 10, 2017.

Any balance of KRW 350,000,000 shall be paid on March 31, 2017, and the area shall be paid in the amount calculated by converting the area into the amount of the balance as a result of the survey.

Article 3 Delivery of Real Estate shall be made on March 31, 2017.

Article 4 In the event that there are grounds to restrict the exercise of ownership, such as mortgages, superficies and leases, or the unpaid amount of taxes and other charges, the defendant shall remove the defects and burdens of the rights and transfer the full ownership to the plaintiff by the date on which the balance is received.

except in the rights and amounts agreed to succeed.

Article 5 The defendant shall deliver documents necessary for the registration of transfer of ownership to the plaintiff when he receives any balance, and shall cooperate with the registration of transfer.

Matters of special agreement

3. When the plaintiff denies development activities on the above land, 50,000 won remaining after deducting 50,000,000 won from the down payment received by the plaintiff shall be refunded to the plaintiff.

On June 13, 2017, the Plaintiff prepared documents necessary for the Defendant to obtain various permits and permits for solar power generation projects, but failed to implement administrative procedures, such as approval of restoration design and permission of development activities, as the Plaintiff did not attach the consent of the superficies.

At latest. ..

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