정산금 등
1. The Plaintiff (Counterclaim Defendant) paid KRW 813,497,279 to the Defendant (Counterclaim Plaintiff) and its amount from April 11, 2014 to April 22, 2015.
The summary of the case at issue is the case where the Plaintiff, the assignee of the right to newly built apartment sales business, settled the “paid transfer price and the Defendant’s land price,” and “the portion exceeding the purchase price of the total land price,” which the Plaintiff agreed to deduct from the above transfer price, etc., the Defendant shall return (i.e., the amount to be refunded (ii). In addition, the Defendant sought payment of KRW 400 million as part of the settlement amount, and sought payment of provisional registration on behalf of the Defendant, and sought payment of KRW 150 million as provisional registration.
Counterclaim case is a case where the defendant seeks payment of the unpaid transfer price and the land payment to the plaintiff.
On the premise of fact, C Co., Ltd. (hereinafter referred to as “Co., Ltd.” from the time when the second name of the Co., Ltd. was omitted) obtained approval for the housing construction plan to build and sell an apartment on October 2, 2006 and transferred the business right to the Defendant (the representative director as C) on June 14, 2010.
The defendant concluded a sales contract with the props in the business site and paid the down payment, and submitted a written consent for the use of the prop and submitted the approval of the business plan in the name of the defendant, but the progress of the business was suspended.
After that, on August 5, 2013, the Defendant entered into an agreement with the Plaintiff on the payment of the land price of KRW 1 billion and the Defendant’s transfer of all business rights, including the status of purchaser of the project site, and attached a list of contract land (the same as the classification, lot number, land category, area, and original owner of the land) on the details of the project site in attached Form.
The contents of the contract are as follows, and the sum of the land prices paid by the defendant on the list of attached land is KRW 2,055,518,000.
On September 11, 2013, the Plaintiff is the Defendant with a down payment of KRW 400 million.