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(영문) 서울중앙지방법원 2017.08.22 2016가단5195196
계약금반환 청구의 소
Text

1. The Plaintiff:

A. Defendant A’s KRW 12,00,000 and its amount from September 3, 2016

B. Defendant E shall be KRW 6,000,000, and

Reasons

1. Basic facts

A. On May 29, 2008, ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”) loaned KRW 6 billion as funds for multi-family housing development projects (hereinafter “instant project”) promoted in the G G G in the private-si, Sacheon-si (hereinafter “Sacheon-si”); thereafter, extended KRW 1.5 billion on June 23, 2009, and additionally loaned KRW 1 billion on January 28, 2010.

B. Meanwhile, during the process of purchasing real estate between April 2008 and April 2009 to secure the project site of this case, Bo Chang Development concluded a sales contract for K and ground buildings owned by Defendant A with respect to the land and ground buildings owned by Defendant A, ② as to the land and ground buildings owned by Defendant B, ③ as to the land and ground buildings owned by Defendant C, ③ as to the land and building owned by Defendant C, ④ as to the land and building owned by Defendant C, ④ as to K and ground buildings owned by Defendant C, respectively, and paid KRW 15 million each as down payment.

C. Each of the instant sales contracts contains the following descriptions in the same text:

Article 4 (Promotion of Sale)

1. The development of beams shall purchase and sell the land of the seller to the owner of the main land and the neighboring site to the main land, and cooperate with one another for the purpose of a real estate development project, and the contract shall be null and void if the objective of this project

When a contract becomes null and void, a separate claim for damages is not made, and the seller will return the purchase price and the compensation received from the development of the public. D.

From August 2010, each of the above loans owed by Bo Chang Development incurred a loss of the benefit of the development of Bo Chang Development since August 1, 201, and the present principal of the loan was 8,213,654,626 won in outstanding status, and Bo Chang Development was unable to implement the project any longer due to the financial shortage, etc. while concluding a sales contract only for half of the instant project site.

E. Meanwhile, on the other hand.

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