(영문) 수원지방법원 2017.10.20 2016나69512

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(영문) 수원지방법원 2017.10.20 2016나69512

매매대금반환

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1. The plaintiff's appeal and the plaintiff's selective claim added in this court are dismissed, respectively.

2. After the appeal:

Reasons

1. Facts of recognition;

A. On May 18, 2015, the Plaintiff intended to purchase from the Defendant a forest of 672 square meters in Gwangju City (hereinafter “instant forest”) in Gwangju-si. The details of the relevant contract are as follows.

(hereinafter “The instant sales contract”). The sales amount: 450,000,000 won (the intermediate payment of KRW 20,000,000 on the date of the contract, the intermediate payment of KRW 160,000 shall be paid on the date of the contract, and the intermediate payment of KRW 160,000,000 shall be paid on June 30, 2015; the remainder of KRW 270,000,000 shall be paid on July 31, 2016): In cases where a seller or buyer has a default on the terms and conditions of this contract, the other party shall be notified in writing to the person who has defaulted, and the contract may be rescinded.

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

Matters of special agreement

1. It shall be traded on the basis and the present state of facilities;

2. A seller shall provide the seller with a seal imprint attached to his/her written consent to land and road use, simultaneously with an intermediate payment;

3. Where a purchaser is unable to pay any balance on the balance date, it shall be the key to be provided with a seal imprint attached thereto on the date of payment of the balance, even though of the waiver of permission.

4. The buyer shall waive all the expenses incurred due to any balance.

5. Other matters shall be governed by the real estate sale and purchase practices.

B. On May 18, 2015, the Plaintiff paid the Defendant the down payment of KRW 20,000,000 according to the instant sales contract.

C. The Plaintiff purchased the forest land of this case in order to construct electric power resource housing, and the Defendant was also aware of this fact.

On June 2015, the Defendant accepted a letter of consent to the use of land and a road to the effect that the Defendant consented to the entry into and exit from the said road for the ground construction of the instant forest by E Co., Ltd. (hereinafter referred to as “E”), the owner of the instant forest, which is a neighboring road of the instant forest.

유사 판례

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