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(영문) 수원지방법원 2020.06.12 2019가단548015
계약금 반환
Text

1. As to each of the plaintiffs' KRW 52,200,000 and KRW 43,200,00 among them, the defendant shall be KRW 9,00,000 from June 8, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiffs, on June 2018, shall be deemed as the “each of the instant lands” in total, of the land of 4,283 square meters and 819 square meters in Yeongdeungpo-gu, Youngdong-gu, Chungcheongnam-gu, Seoul, and the land number is specified only when referring to individual land.

) and F forest land 3,268 square meters (hereinafter referred to as “Adjoining land”).

2) At the same time, the Defendant purchased each of the above lands from the owner of each of the above lands in order to implement a real estate development project in Japan. 91.8/9,918 shares in each of the above lands. 991.8/9,918 shares in each of the above lands. At the same time, the Defendant: G (991.8/9,918 shares); H (9,918 shares); I (91.8/9,918 shares); J (61.2/9,918 shares); K (61.2/9,918 shares); L (9.9/99,918 shares); M (49.9/918 shares); N (19,918 shares); P (9; P (918) P (16.39/98 shares); P (1918); P (9; 1993/918 shares); and (2) shares in P/99/1998/19998.

On the other hand, at the time, the neighboring land was owned by S and T.

B. 1) On June 7, 2018, the Plaintiffs concluded a sales contract between the Plaintiffs and the Defendant with the content that the Defendant purchases shares of 991.8/9,918 from the Defendant among each of the instant land at KRW 864,448,480 for the purchase price (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant sales contract, the Plaintiffs agreed to the effect that “the contract amount (86,400,000 won) shall be paid on the date of conclusion of the sales contract, and the remainder of KRW 778,048,480 shall be determined after six months from the date of the contract with the last owner of each of the instant land and adjoining land, and if the sales contract with all of the instant land and adjoining co-owners is not made, the instant sales contract shall be null and void, and the contract shall be rescinded without any condition (paragraph (5))” (hereinafter “instant special agreement”).

3 The Plaintiffs paid KRW 86,400,000, and KRW 18,000 on January 17, 2019, respectively, to the Defendant according to the instant sales contract.

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