약정금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a corporation established on August 14, 200 for the purpose of housing construction, commercial building lease, sale business, etc., and the Defendant obtained authorization for the establishment of a housing association under Article 32 of the Housing Act with the name of “A housing association” on July 4, 201 in order to promote a new housing construction project in each land listed in the attached Table of Real Estate (hereinafter “instant land”).
B. On August 20, 200, the Plaintiff agreed to pay KRW 2,282,778,334,00 on the date of the contract, intermediate payment, KRW 6,848,334,00 on November 19, 2009, when purchasing KRW 22,827,780,00 from the former mayor for the purpose of promoting the new construction of the main apartment on the instant land (hereinafter “instant project”). < Amended by Presidential Decree No. 22574, Nov. 19, 2009; Presidential Decree No. 13696, Feb. 19, 2010>
C. On March 23, 2011, the Plaintiff sold the instant land to the Defendant for KRW 22,827,780,000, and separately agreed to pay the Plaintiff the land price of KRW 770,000,000, out of the down payment amount of KRW 2,282,778,000 paid by the Plaintiff to the Defendant on March 31, 2011, the Plaintiff agreed to be paid on June 27, 2011 as the remainder of KRW 1,00,000, out of the down payment amount of KRW 2,282,778,000 paid by the Plaintiff to the Defendant on the remaining payment date of land price.
On March 23, 2011, the Plaintiff agreed to pay the down payment of KRW 400 million on May 9, 2011, and the remainder KRW 1.6 billion to the former mayor within ten (10) days after the full payment of the land price for the instant market, when transferring all rights related to the instant project to the Defendant (hereinafter “instant contract for transfer and takeover of business rights”) between the Defendant and the business agent S. S. (hereinafter “S”).
Article 2 Subject Matter of Acceptance
1. This Agreement refers to the acquisition by the Defendant of all rights to the project that is promoted on the Plaintiff’s land.
2. The full amount of the land purchase price and the designated date of the land sale contract concluded by the Plaintiff with Jeonju-si.