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(영문) 울산지방법원 2016.12.21 2015가단26930
매매대금반환
Text

1. The Defendants shall pay to the Plaintiff KRW 47,50,000 as well as 5% per annum from January 21, 2012 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 9, 201, the Plaintiff entered into a sales contract with the Defendants’ agent and the Defendants’ joint ownership of approximately KRW 950 square meters, among approximately 17,720 square meters of forest E, Ulsan-gun, Ulsan-gun, and approximately 50 square meters of forest land 496 square meters (hereinafter “instant trade land”; hereinafter “the instant land”). The Plaintiff entered into a sales contract with the terms that the Plaintiff purchases KRW 95 million of the purchase price (hereinafter “instant forest land”) by setting the sales price of KRW 1,00 square meters of forest E and forest land as KRW 496 square meters of forest land (hereinafter “instant sales contract”).

Among the forest land of this case, the location and area of the land of this case are indicated in the annexed contract 6, 7, 500, 500,000.

B. The sales contract of this case contains the following special terms and conditions:

(3) Of the matters of the special agreement, paragraph 3 (hereinafter referred to as the "instant special agreement") . 1. F. F. the share registration at 1,000 square meters, including approximately 90 square meters in the area of the road, and is marked with the outline of the attached map.

(No. 6, 7, 15, 16, road) 2. Equity area is about 50 square meters, E 950 square meters and included in road area.

3.A development authorization shall not be granted by a seller during or after development (within three years) and upon request of a buyer, a seller shall be responsible for and obtain a development authorization.

Provided, That the buyer is responsible for the development permit costs.

4. Documents necessary for granting permission for the development of the land concerned shall be issued without delay by the purchaser and actively cooperate.

5. The buyer shall conclude a contract to confirm the field and documents in the presence of the seller.

C. Pursuant to the instant sales contract, such as the payment of the purchase price, the Plaintiff paid the Defendants the purchase price of KRW 95 million by January 20, 2012, and the Plaintiff completed the registration of ownership transfer for shares of KRW 3,142/17,720 among E forest land and KRW 166/496 among F forest land on February 2, 2012.

The requirements for obtaining permission for development activities in the forest of this case are most areas to be preserved, managed and produced management areas under the urban management plan.

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