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(영문) 인천지방법원부천지원 2016.01.08 2015가합556
계약금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 7, 2005, the Plaintiff entered into a sales contract between the Plaintiff and D with the content that he purchases five parcels, other than the land owned by D, for the purchase price of KRW 2.2 billion (hereinafter “first sales contract of this case”), and paid the down payment of KRW 110 million to D on September 8, 2005.

B. D’s death died on November 9, 2007, and Defendant A and Defendant B, his husband, succeeded to D’s inheritance.

C. On September 30, 2008, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant C with the content that he purchases one parcel of land, other than F in Kimpo-si, Kimpo-si, the Defendant C, in the purchase price of KRW 772 million (hereinafter “the second sales contract”), and paid the said Defendant the down payment of KRW 152 million.

The Plaintiff did not pay the remainder of KRW 2.9 billion under the instant sales contract and KRW 620 million under the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 2, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. Since the land subject to the 1 and 2 sales contract of the Plaintiff’s assertion existed within the land transaction permission area, the parties to the 1 and 2 sales contract of the instant case concluded a special contract which becomes null and void each of the instant 1 and 3/5 shares of the 3/5 shares out of the down payment amount paid by the Plaintiff pursuant to the 1 and 2 sales contract of the instant case until 12 months have elapsed since the date of payment of down payment for the down payment for the instant 1 and 2 sales contract, and the 2 sales contract of the instant case did not obtain permission for the land transaction as to each of the instant 1 and 30 million won until October 31, 2009.

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