(영문) 대구지방법원 2016.02.04 2015가합203824

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(영문) 대구지방법원 2016.02.04 2015가합203824

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 25, 2013, the Plaintiff concluded a sales contract with each of the lands listed in the separate sheet owned by the Defendants (hereinafter “each of the instant lands”) designated as a land transaction permission zone, to purchase KRW 1,493,094,000, and the down payment of KRW 250,000,000,000 on the contractual date; and the intermediate payment of KRW 500,000,000,000,00 for the remainder payment of KRW 743,094,00 on February 28, 2014 (hereinafter “instant contract”), and paid the down payment in full to Defendant B’s National Bank account (D) as the date of the instant contract under the instant contract.

Article 6 of the instant contract provides that “If the seller or the purchaser has failed to perform the terms and conditions of this contract, the other party may notify the person who has failed to perform the contract in writing and cancel the contract. The other party may claim damages arising from the cancellation of the contract respectively to the other party, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.”

B. The Plaintiff did not pay the intermediate payment on February 28, 2014, which was the date of the intermediate payment. Accordingly, the Defendants failed to pay the intermediate payment to the Plaintiff on April 8, 2014, and the Defendants cannot continue to commit any criminal act any more after hearing from you that the said area is an area subject to land transaction permission. Thus, the Plaintiff’s notification that the contract is null and void.

“The content certification was sent.”

C. On April 18, 2014, the Defendants transferred KRW 250 million, which the Plaintiff received from the Plaintiff, to the Plaintiff, and terminated the said Defendant B’s national bank account (D).

On July 31, 2014, Nonparty E, who tried to purchase each of the instant lands to conduct a joint business with the Plaintiff, unilaterally wired KRW 250 million to another national bank account (F) of Defendant B, and KRW 750 million in total,50 million on August 5, 2014.

Receipt

1. The above amount was clearly received as the refund for the original contract cancellation of the forest land other than G 250,000 won.

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