(영문) 대구지방법원 2016.12.15 2016가단2854

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(영문) 대구지방법원 2016.12.15 2016가단2854

매매대금반환

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1. The Defendant’s KRW 100,000,000 for the Plaintiff and the following: 5% per annum from February 2, 2016 to December 15, 2016.

Reasons

1. Basic facts

A. The defendant is a building with the site and the fourth floor above the ground of the Gyeongbuk-gun, Gyeongbuk-gun (hereinafter referred to as the "nives of this case").

2) On June 28, 2012, the Plaintiff and the Defendant: (a) was assigned to the road site, and entered into a compensation agreement with the Defendant on KRW 930,120,770 (including KRW 28.2 million) of compensation; (b) on the same day, the ownership of the female building was transferred to the Gyeongbuk-do (the site is the completion of ownership transfer registration on April 3, 2013). (c) On June 28, 2012, the Plaintiff and the Defendant: (a) the Defendant was assigned to the Plaintiff on June 28, 2012, and the Defendant was unable to conduct the business any longer as the instant female was assigned to the road site; and (b) the Defendant selected a new site for the operation of the said house in the Seodong-gun-gun-gun, and applied for the construction permit, the Defendant is entitled to obtain the construction permit; and (b) the right to sell the house share certificate (right to new construction permit) to KRW 13 million (hereinafter referred to as “the instant contract”).

A) At the time, the Plaintiff paid KRW 13 million to the Defendant as down payment, and the remaining payment date of KRW 11.7 million was written in the contract only as “Monthly 2012.” In the event that the inn construction permit is denied, the instant one contract is deemed null and void and the “the principal of the contract” was agreed to be returned. D. On September 26, 2012, the Plaintiff and the Defendant again sold the inn’s right to move to the Plaintiff at KRW 13 million (hereinafter “instant two contracts”).

B. A contract of this case was concluded, and the remainder amount of KRW 11.7 million is limited to the down payment of KRW 1.7 million until October 25, 2012. However, if the remainder is not paid by the said date, the contract was null and void and the down payment was returned.

On October 29, 2012, the Plaintiff paid 87 million won to the Defendant the remainder.

E. On March 22, 2013, the Plaintiff, with the Defendant’s cooperation, constructed in Glllluri-gun in the name of the Defendant.

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