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(영문) 서울북부지방법원 2020.07.01 2019가합28656

기타(금전)

Text

1. The Defendant’s KRW 350,000,000 as well as 5% per annum from December 31, 2016 to December 26, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On December 20, 2010, the Plaintiff entered into a land sales contract (i.e., the conclusion of the land sales contract) is deemed as C Forest land 9,558 square meters (hereinafter “instant land”).

(2) On March 15, 2012, the Plaintiff obtained approval for factory construction of the instant land area of 8,709 square meters and the building area of 1,650 square meters from the Yangju market.

Upon receipt of the approval of the factory construction of this case, the Plaintiff prepared a "written confirmation of the object of non-registration of real estate development business (other than supply)" with the purport that "I will confirm that I will not raise any objection in accordance with the Act on the Management and Promotion of Real Estate Development Business at the time of supply (sale or lease) to another person after obtaining the approval (change of the project owner), obtaining the approval (change of change of the project owner), completing the completion inspection of land, or obtaining the approval of use of buildings, etc., and deliver it

3) On March 5, 2016, when the Plaintiff sold the instant land to the Defendant at KRW 1.4 billion, the Plaintiff agreed to pay KRW 60 million in installments in KRW 10 million on March 31, 2016, KRW 25 million on April 30, 2016, and KRW 25 million on May 31, 2016, and KRW 200 million in the first intermediate payment, and KRW 200 million in the second intermediate payment on July 31, 2016, and KRW 440 million in the second intermediate payment on July 31, 2016, and KRW 70 million in the remainder on October 31, 2016 (hereinafter “instant first intermediate sales contract”).

(4) On March 1, 2016, the Defendant paid the Plaintiff a down payment of KRW 10 million to the Plaintiff. After concluding a new sales contract with respect to the instant land on June 1, 2016, D, the Plaintiff and the Defendant’s denied, agreed that the purchase price shall be KRW 1.4 billion, and the down payment shall be paid at the time of the contract; an intermediate payment of KRW 940 million shall be paid at the time of July 1, 2016; the Plaintiff shall be paid at the time of the intermediate payment, and the Plaintiff shall be paid at the same time as the intermediate payment is paid at the same time as the intermediate payment is paid, and the remainder of KRW 350 million shall be paid at October 31, 2016.

(hereinafter “instant secondary sales contract”) 5 D June 2, 2016.