확약서 무효 확인 등
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 54,700.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 5, 2016, the Defendant concluded a contract for facility lease with the head of the Goyang Korea Rural Community Corporation to pay KRW 12,106,540 as well as KRW 12,106,540, and to use the aggregate of KRW 1,927 square meters for a total of KRW 1,927 square meters (limited to the entry into each building of this case, as seen below; hereinafter “the entry into the instant building”).
B. On October 11, 2018, the Plaintiff purchased at KRW 1,330,000,000, the intermediate payment of KRW 133,000,000 for each of the following items at the time of the contract, and the intermediate payment of KRW 133,00,00,000,00 for each of the following items: (a) the land category of the instant building was changed to the factory site on March 4, 2019) and each of the buildings under construction on the said ground (each of the instant buildings was completed on March 11, 2019; (b) each of the instant buildings was completed on March 11, 2019; and (c) each of the instant buildings combined with the said land was to be paid at the same time as an intermediate payment of KRW 133,00,000 on November 12, 2018; and (d) the remainder to be paid at the same time within one month after the completion of each of the instant building.
[hereinafter] The instant sales contract is “the instant sales contract,” and the real estate sales contract (Evidence A 2) prepared at the time is “the instant first sales contract.”
According to the instant sales contract, the Plaintiff paid each of the Defendant KRW 133,000,000 as down payment, and the intermediate payment KRW 133,000,000 on November 12, 2018, respectively, according to the instant sales contract.
On February 20, 2019, the Plaintiff newly drafted a real estate sales contract (factory) with the Defendant on March 27, 2019 (Evidence A No. 12; hereinafter “the second sales contract”).
The above sales contract provides that "the defendant shall transfer all evidential documents regarding the permit to occupy and use the Korea Rural Community Corporation to the plaintiff" as the special agreement.
E. On March 22, 2019, the Plaintiff stated that “Additional Tax will be paid to the Defendant by the Plaintiff within three to five months (the time of completion).”