(영문) 창원지방법원 2017.04.20 2016가단1741

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(영문) 창원지방법원 2017.04.20 2016가단1741

계약금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On December 7, 2015, the Plaintiff entered into a sales contract with the Defendant on December 7, 2015, part 160 square meters in the cadastral map of the separate lot among the 1107 square meters of the window C, Changwon-si’s window C, Changwon-si. (hereinafter “instant land”).

(2) The sales price of KRW 122,00,000 shall be determined as KRW 122,000,000, and the contract was concluded by stipulating that the intermediate payment of KRW 40,000,000 shall be paid in December 21, 2015, and the remainder of KRW 52,00,000 shall be paid in each of the following dates at the time of completion of the construction permit (hereinafter “instant sales contract”).

The main contents of the above sales contract are as follows. When there are grounds to restrict the exercise of ownership, such as mortgages, superficies, leases, etc. which are established on the said real estate, or when there are any grounds to restrict the exercise of ownership such as taxes, public charges, and other charges, the seller shall remove the defects and burdens of the said rights, and transfer the full ownership to the buyer by the date of the payment of the balance. This shall not apply. The same shall not apply to the rights and amounts agreed by the buyer to succeed, unless the buyer under Article 5 (Cancellation of Contracts) pays the part payment (if there is no advance payment, the remainder), the seller shall reimburse the sum of the down payment, and the buyer may waive this contract by giving up the down payment.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. Part of the cadastral map shall be traded;

2. The remainder payment date shall be the completion date of construction permission;

3. Part of the access road to the site shall be paid by the seller who constructs the foundation and the buyer is a million won.

4. In the event of the refusal of permission, the seller shall pay the already paid amount.

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