매매대금반환
1. The Defendant shall receive from the Plaintiff on February 10, 2017 the Gwangju District Court’s 100m2 with respect to the land of 9,304m2 in Gwangjuyang-si.
(a) Basic facts (applicable for recognition: the absence of dispute, Gap evidence 1 through 9, 13, and 14 (including provisional numbers; hereinafter the same shall apply);
(i) the entries or images of the evidence No. B in subparagraph (1) and the purport of the whole pleadings
A. On January 24, 2017, the Defendant entered into an agreement on land provisional contract and approval for use (hereinafter “instant agreement”) with the Plaintiff on the instant land and E forest land where the owner was D and the owner was engaged in construction works to build a factory on the instant land and E forest land 9,251 square meters. In short, on January 24, 2017, the Plaintiff and the instant land:
* The location of the article : Gwangju Metropolitan City C (9,304 square meters)
2. The plaintiff shall deposit the following schedule in relation to the purchase of the above C land in the future.
Down payment: The first intermediate payment of KRW 150 million on January 24, 2017: KRW 100 million on February 10, 2017: KRW 50 million on March 31, 2017.
3. On December 30, 2019, the Defendant agreed to transfer C’s ownership to the Plaintiff by December 30, 2019, and agreed to transfer the right and ownership to all land included in the factory building to the Defendant if the Plaintiff fails to settle any balance by the time of the transfer. The unit price applicable when the settlement of the purchase price of land is made by cutting the unit price applied to the land and surveying only the area of the land suspended on a flat basis and by surveying it as KRW 1
The defendant shall immediately approve the construction of the factory, and establish the provisional registration of the right to claim transfer of ownership against the plaintiff for the main material, and the provisional registration currently established shall be revoked immediately.
4. The difference between the Plaintiff’s construction costs and the Plaintiff’s construction costs are appropriated for the Defendant, and the Plaintiff’s share of construction costs are responsible for the interest on the loan of the Plaintiff’s construction costs.
B. Pursuant to the instant agreement, the Plaintiff paid to the Defendant KRW 1.5 million as down payment on January 24, 2017, and KRW 100 million as the first intermediate payment on February 10, 2017, respectively. On February 10, 2017, the Defendant made a provisional registration on the instant land based on a pre-sale agreement to the Plaintiff on February 10, 2017.