(영문) 의정부지방법원 2020.01.08 2018가단128968

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(영문) 의정부지방법원 2020.01.08 2018가단128968

매매대금반환

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 25, 2018, the Plaintiffs entered into a sales contract with the Defendant to purchase the pertinent land (hereinafter “instant land”) at KRW 166,00,000 from the purchase price (hereinafter “instant sales contract”). The main contents of the sales contract formulated at the time are as follows.

Real estate sales contract;

1. Location: Dong Do (land category: 1,323 square meters among forest land area and 17,121 square meters);

2. Sales amount of KRW 166,00,000.

3.The down payment of KRW 16,600,000 shall be paid at the time of the contract.

4. Any balance of KRW 149,400,00 shall be paid on August 24, 2018.

5. A seller shall deliver all documents necessary for registering transfer of ownership to a purchaser simultaneously with the receipt of any balance of the purchase price and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be August 24, 2018;

6. Matters to be entered into a special agreement. (3) The location of the contract shall be determined separately in addition to the written contract; and

(4) A seller shall file an application for subdivision of a parcel with the size of 5,290 square meters, which is determined by four persons sharing the parcel of land attached to the division plan map within seven days from the date of the contract.

(5) A purchaser shall pay any balance within seven days after an application for subdivision is completed.

(6) Every seller of loans shall complete repayment before the balance date.

B. The Plaintiffs paid the Defendant the down payment of KRW 16,600,000 each on the day of the instant sales contract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. According to Paragraph (4) of the Special Agreement, the Defendant applied for the division of land within seven days from the contract date, and according to Paragraph (6) of the Special Agreement, the Defendant applied for the division of land after August 2018, and divided land differently from the land division plan attached to the contract, while the Defendant applied for the division of land after August 2018, and divided land differently from the land division plan attached to the contract. The loan, which is the secured claim of the

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