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(영문) 의정부지방법원 2020.06.25 2019나5407
계약금반환
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On February 28, 2014, the Plaintiff entered into a contract on the transfer of rights to use facilities and land (hereinafter “instant contract”) with the Defendant, who is delegated with the authority by C, as follows:

The location of premium contract: To deliver (title) all facilities and land use rights within the State-owned land of the Republic of Korea D above the Namyang-si, Namyang-do, Gyeonggi-do, and to prepare a contract as above.

Provided, That after acceptance, the underwriter shall be responsible for all the rights to use.

A person C and the defendant shall also transfer the name of the applicant for the abolition of the purpose of asset management works, and the expenses incurred prior to the application for the abolition of the purpose shall be borne by the employee.

A person who permits State-owned land: The plaintiff's total amount: 20 million won: the remainder on February 28, 2014: 5 million won on February 28, 2014: the plaintiff's total amount: February 28, 2014.

The Plaintiff paid to the Defendant KRW 8 million on February 28, 2014, which is the date of the instant contract, and KRW 15 million on March 1, 2014, totaling KRW 15 million.

C. On September 29, 2017, the Defendant returned the Plaintiff KRW 5 million out of the above KRW 15 million, and thereafter, the facilities under the instant contract were left unattended without any use for at least one year.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers, if any), the purport of the whole pleadings

2. The parties' assertion

A. After the contract of this case, the Plaintiff agreed to set the end of the application for disuse of the pertinent land, but the Defendant unilaterally reversed the instant contract after returning KRW 5 million, which is a part of the instant down payment, on September 29, 2017.

Therefore, the defendant is obligated to pay the remaining down payment of KRW 10 million and delay damages to the plaintiff, as the restitution following the termination of the contract of this case.

B. Defendant 1 was unable to fully use the pertinent land and facilities after the instant contract was concluded, and the use of the pertinent land was abolished.

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