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(영문) 대전지방법원 2019.06.19 2018가단212471
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 as well as 15% per annum from July 5, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 1, 2018, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff purchase price of KRW 360 million in Songpa-gu Seoul and second floor D (hereinafter “multi-household housing in this case”) owned by the Defendant, to purchase intermediate payment of KRW 30 million on April 1, 2018, and the remainder of KRW 290 million on June 29, 2018 (hereinafter “instant sales contract”).

According to the above sales contract, the Plaintiff paid the Defendant the sum of KRW 40 million and the intermediate payment of KRW 30 million by April 1, 2018.

B. The instant multi-household housing was designated as E zone on April 21, 201 (hereinafter “instant rearrangement zone”) and the district designation was revoked by the Supreme Court’s decision around March 2014, the promotion plan was being formulated for re-designation of the promotion zone and alteration of the urban renewal acceleration plan at the time of concluding the said sales contract to the area where the instant multi-household housing was located.

According to the relevant provisions of the Seoul Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (hereinafter referred to as the "Ordinance of this case"), where a detached house or multi-family house has been converted into a multi-household house after the completion of a building, several applicants for parcelling-out shall be considered as eligible for parcelling-out: Provided, That in cases of a multi-household house or multi-family house for which registration of division has been completed after converting into a multi-household house before December 30, 2003, which is the enforcement date of the above Ordinance, it is possible to supply a house with an area for exclusive use of

C. The instant sales contract was concluded at the office of the real estate agent G operated by the Plaintiff, the Defendant, the husband of the Defendant, the Plaintiff’s real estate agent F, and the Defendant’s real estate agent G, etc.

Before entering into the above sales contract, the Plaintiff expressed his intention to want to sell to the above joint intermediaries, and the Defendant’s husband also sold the instant multi-household house to the Defendant and the Defendant’s husband.

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