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(영문) 수원지방법원평택지원 2015.03.25 2014가합1791
계약금등 반환
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 122,00,000 to the Defendant (Counterclaim Plaintiff).

2. The principal lawsuit of the Plaintiff (Counterclaim Defendant).

Reasons

1. The main text of the facts is to consider both a principal lawsuit and a counterclaim.

The following facts may be acknowledged in the absence of dispute between the parties, or by taking account of the whole purport of the pleadings at each video as set forth in Gap evidence 1, Gap evidence 2, and Gap evidence 9-1 through 7:

On June 29, 2013, the Plaintiff entered into a sales contract between the Defendant and each of the land listed in the separate sheet owned by the Defendant (hereinafter referred to as “each of the instant land”) with the amount of KRW 180 million (hereinafter referred to as “instant land”) and the amount of KRW 180,000,000,000 for the contract date, and the intermediate payment of KRW 18,000,000 (hereinafter referred to as “the instant sales contract”) with the remainder on July 29, 2013, and KRW 100,000,000,000 for each of the instant land on September 15, 2013 (hereinafter referred to as “instant sales contract”).

B. The contents of the instant sales contract related to the instant case are as follows.

- The seller (the defendant) will terminate all necessary documents, such as consent to use land and seal impression, so that the buyer (the plaintiff) can obtain a housing permit.

- In each of the instant lands, this sale is null and void at the time of no permission for housing.

A seller shall immediately return the down payment.

- The seller waives harvest of crops to permit the payment of the house. The buyer may influence Kim at the land of the surplus outside of the ancient farmer.

The groundwater water shall be used as in D, and the expenses shall be paid by the purchaser at the usage fee of KRW 10,000 per month.

C. On June 29, 2013, the Plaintiff paid each of the Defendant the down payment of KRW 18 million, and KRW 40 million out of the intermediate payment on July 20, 2013.

The land of this case 3 is adjacent to the land of this case 2,243 square meters (hereinafter “Defendant-owned land”) in Ansan-si, the co-ownership of the Defendant and E. The land owned by the Defendant is located in a high place on the top day, and the elevation is gradually low, and is located in the order of the land of this case 3, the land of this case 2, and the land of this case 1.

2. The Parties.

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