logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.24 2019가단125096
매매대금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 5, 2019, the Plaintiff concluded a sales contract with the Defendant, who is the owner of Hongcheon-gun C and D land (hereinafter “instant land”) on January 5, 2019 (hereinafter “instant sales contract”) and paid the Defendant KRW 20,000,000 as down payment.

B. At the time of concluding the instant sales contract, the Plaintiff demanded the Defendant to deliver a written consent to land use to obtain permission for development activities for new construction of a factory.

In this regard, in principle, after obtaining permission for development activities under the name of the Defendant, the Plaintiff will transfer the name to the Plaintiff, but if it is impossible to transfer the name, the Defendant issued a written consent to the use of land to the Plaintiff so that the Plaintiff may obtain permission for development activities under the name of the Plaintiff (Article 5 of the Special Agreement to the instant sales contract; hereinafter “the instant special agreement”).

C. A licensed real estate agent E, who arranged the instant sales contract, asked F of the public official in charge of Hongcheon-gun about whether it is possible to transfer the Plaintiff’s name after permission for development activities under the name of the Defendant, and F, who first responded to the request for a clear answer from E, and then asked E to wait for a definite answer from others. As a result, Hongcheon-gun sent the name of the permission for development activities to another Si/Gun, which was confirmed by other Si/Gun, should not be transferred.

E notified the Plaintiff of this fact.

On January 17, 2019, the Plaintiff demanded the Defendant to consent to land use by e-mail through a design office, and sent a written application for revocation of the Plaintiff’s development permission and a certificate of the Plaintiff’s personal seal impression to the Defendant in preparation for the case where the contract was not completed smoothly, as prescribed by the instant special agreement clause.

G. The personnel G. of the authorized brokerage office.

arrow