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(영문) 부산지방법원 2017.10.27 2016가단343004
계약금반환 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to conduct a new apartment construction business at the Fow-gu, Busan Metropolitan City, and the Defendant was the owner of Busan Metropolitan City, Busan Metropolitan City, Seogyeong-gu, 668 square meters (hereinafter “G land”) and H field 949 square meters (hereinafter “H land”), both G land and H land.

B. On September 5, 2014, a stock company (hereinafter “foreign company”) entered into a sales contract to purchase the instant land in total at KRW 1,954,000 (hereinafter “instant sales contract”) with the Defendants, and according to the instant sales contract, Defendant B and C paid each of KRW 65,132,00,000 to Defendant D and E, respectively, as down payment on September 5, 2014.

C. At the time of the instant sales contract, the non-party company and the Defendants, in principle, pay the remainder within three months after the down payment. However, in the event that prior deliberation is required, such as authorization for the establishment of a regional housing association and district unit plan, the payment may be postponed only once for one month (i.e., the period until January 5, 2015). However, in any case, the contract is terminated upon the expiration of the payment period, and the buyer is not entitled to claim the return of the down payment to the seller, and the Defendants agreed to submit all the documents necessary for the registration of the transfer of ownership to the non-party company

After that, at the time of April 9, 2015, the Defendants concluded a sales contract for the instant land with I, who was the chairperson of the Plaintiff’s promotion committee, and accordingly received the same day down payment. In addition, on G land on April 7, 2016, the Defendants completed the registration of transfer of ownership for reasons of sale on January 15, 2016 in the future of J (the representative of the Plaintiff) and on H land in the future of the Plaintiff.

E. Around July 2016, Nonparty Company: (a) between the Plaintiff and the Plaintiff, and (b) the Defendant left the instant land without consultation with Nonparty Company.

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