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(영문) 부산지방법원 2017.12.12 2017가단307661
계약금반환 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Defendant is the owner of 37,388 square meters of D Forest in Kuju-si (hereinafter “the forest before the division of this case”), and the Plaintiffs are the couple, who purchased part of the forest before the division of this case from the Defendant.

On August 23, 2016, with respect to forest land before the division of this case, the maximum amount of debt was KRW 1,196,00,000, and the debtor, E and the mortgagee, respectively, completed the registration of the establishment of a superficies with respect to the establishment of a neighboring community credit cooperative of the original community and the creation of a superficies with the original community credit cooperative of the original community.

On September 12, 2016, the Plaintiffs entered into a real estate sales contract with the Defendant on a set of KRW 210,000,000 for the purchase price of KRW 1,218 square meters, including 60,000 square meters of co-owned area ( approximately 3.3 square meters of land) among the forest land before the instant partition, and paid the Defendant the down payment of KRW 20,00,000 on the same day.

As a special contract, the above sales contract includes "the transfer of the name and the balance by the result of the land survey after the division by the sale and purchase," and "the installation of the water supply and drainage center and the excellent pipes, and the road packing".

On November 28, 2016, the Plaintiffs purchased F forest land of KRW 1,218 square meters (hereinafter “instant forest”) with the Defendant as the sales price of KRW 210,00,000,000. However, the Plaintiffs concluded a real estate sales contract with the effect that the down payment of KRW 20,000,000 is paid at the time of the contract and the remainder of KRW 190,000 is paid on December 30, 2016 (hereinafter “instant sales contract”). The down payment of the instant sales contract was substituted by the down payment paid on September 12, 2016.

The sales contract of this case includes special terms and conditions that "the seller shall use the water supply and sewerage system, excellent pipes, and road packaging."

On December 12, 2016, the forest land before the instant partition was divided into D Forest 28,031 square meters and six lots, respectively, and D Forest 28,031 square meters and 28,031 square meters in the original city, which was divided as above, was divided into D Forest 26,367 square meters and F Forest 1,218 square meters and G 446 square meters in the instant forest.

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